[DOWNLOAD] "Mendoza V. Lynaugh" by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Mendoza V. Lynaugh
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 28, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The appellant, Raymundo R. Mendoza ("Mendoza"), is a Texas state prisoner. Proceeding pro se and in forma pauperis, Mendoza filed an action under 42 U.S.C. § 1983, arguing that his civil rights were violated. The basis of his contentions, which were rooted in his Eighth Amendment right to be free from cruel and unusual punishment, were threefold: (i) that he had allegedly received negligent medical treatment; (ii) that prison officials had delayed essential medical treatment that he badly needed; and (iii) certain disciplinary actions were unjustly imposed upon him for his refusal to work. The district court dismissed the prisoner's claims as frivolous under 28 U.S.C. § 1915(d). Further, the court sanctioned Mendoza under rule 11, requiring him to obtain permission from Chief Judge Robert M. Parker in order to file any suits in the future. We AFFIRM the dismissal of the prisoner's claims under section 1915(d). However, we VACATE the sanction imposed as an abuse of discretion under the facts and circumstances of this case.