[Download] "Spaulding v. Dixon" by United States Court of Appeals for the Fourth Circuit ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Spaulding v. Dixon
• Author : United States Court of Appeals for the Fourth Circuit
• Release Date : January 04, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

Cardell Spaulding, a North Carolina inmate proceeding pro se, alleges in his 42 U.S.C. § 1983 complaint that prison officials discriminated against him by retaining him in administrative segregation while releasing other inmates who allegedly were also involved in a possession of contraband incident; that prison officials improperly searched his prison cell; and that he was denied due process when he was placed in administrative segregation pending investigation into a possession of contraband charge and then pending disciplinary review. The district court dismissed that action as frivolous under 28 U.S.C. § 1915(d) and Spaulding appealed. We affirm the district court order in part and vacate and remand in part. A pro se complaint may be dismissed as frivolous under 28 U.S.C. § 1915(d) if there is not factual or legal basis for the complaint. Neitzke v. Williams, 57 U.S.L.W. 4493, 4495 (U.S. May 1, 1989) (No. 87-1882); White v. White, 886 F.2d 721, 723 (4th Cir. 1989). In Neitzke, the Supreme Court defined ""frivolous"" claims as those based on ""indisputably meritless legal theories"" or ""clearly baseless"" factual contentions.

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