· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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