Skip to main content
· 5/14/1991

Mark Labounty v. Stephen G. Adler, E. Carrillo, Walter A. Burdge, J. Grigioni, and All Program Committee Members

Citations

  • 933 F.2d 121
  • 19 Fed. R. Serv. 3d 933
  • 1991 U.S. App. LEXIS 9843

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an inmate’s exclusion from the prison’s maintenance electrician program did not establish an Eighth Amendment violation
  • “[E]xclusion from the prison's maintenance electrician program[ ] does not even constitute ‘punishment,’ let alone punishment that is ‘cruel and unusual.’ ”
  • “Rule 12(b)(6) does not give the district court authority to consider matters outside the pleadings; it simply delineates the procedures which must be followed in testing the legal sufficiency of a complaint.”
  • allegations in complaint must be “construed favorably to the plaintiff’
  • allegations in complaint should be construed favorably to pleader

Source: CourtListener parenthetical corpus (CC0).

Judges: Kaufman, Kearse, Pratt

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.