Skip to main content
· 8/4/1989

Mike Hernandez v. George S. Whiting, and Jack H. Gang Santos Saldivar Larry Joe Holt William M. Slane

Citations

  • 881 F.2d 768
  • 1989 U.S. App. LEXIS 11385
  • 1989 WL 86443

How courts have described this case

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

  • reversing and remanding district court’s dismissal of inmate’s civil rights lawsuit where he was unable to appear for proceedings and trial and no legitimate reasons were proffered by court or custodians for denying him the opportunity
  • “[I]mprisonment suspends the plaintiff’s usual right to be personally present at judicial proceedings brought by himself or on his behalf.”
  • an incarcerated civil litigant has 17 no constitutional entitlement to court-ordered counsel unless her case carries the risk of 18 affecting her physical liberty
  • “[A] trial court may not lightly dismiss an incarcerated individual’s suit for failure to prosecute.”
  • it is necessary for the court to consider methods of bringing [the party] 26 before the court, particularly when [the party’s] testimony is essential to his complaint

Source: CourtListener parenthetical corpus (CC0).

Judges: Hug, Hall, Wiggins

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.