· 10/23/1998
Whitley v. Hunt
Citations
- 158 F.3d 882
- 42 Fed. R. Serv. 3d 121
- 1998 U.S. App. LEXIS 27673
- 1998 WL 740134
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding ETS claim was wrongly dismissed as frivolous where prison doctor issued report noting that prisoner required nonsmoking quarters
- predicating waiver of exhaustion on the fact that plaintiff narrowed pleading to request only monetary damages
- affirming district court’s dismissal of inmate’s section 1983 complaint where inmate’s claim of racial discrimination lacked any factual support
- finding an inmate had no basis for relief on his claim that prison officials relied on an erroneous state court record to increase the inmate’s security classification
- affirming as frivolous a Privacy Act claim because “[t]he appellant] is essentially claiming that his sentence itself was incorrectly entered. That is an issue that should have been resolved on direct appeal from his criminal conviction.”
- not requiring exhaustion before filing Bivens action requesting monetary damages when exhaustion would be futile because no monetary administrative remedies were available
Source: CourtListener parenthetical corpus (CC0).
Judges: Wiener, Barksdale, Demoss
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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