Cooper v. Pate
Opinion
378 U.S. 546 (1964)
COOPER
v.
PATE, WARDEN.
No. 1134, Misc.
Supreme Court of United States.
Decided June 22, 1964. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT.
Alex Elson and Bernard Weisberg for petitioner.
William G. Clark, Attorney General of Illinois, and Raymond S. Sarnow and Edward A. Berman, Assistant Attorneys General, for respondent.
PER CURIAM.
The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted.
The petitioner, an inmate at the Illinois State Penitentiary, brought an action under 28 U. S. C. § 1343 and 42 U. S. C. § 1983 , § 1979 of the Revised Statutes, alleging that solely because of his religious beliefs he was denied permission to purchase certain religious publications and denied other privileges enjoyed by other prisoners. The District Court granted the respondent's motion to dismiss for failure to state a claim on which relief could be granted and the Court of Appeals affirmed. 324 F. 2d 165 (C. A. 7th Cir.). We reverse the judgment below. Taking as true the allegations of the complaint, as they must be on a motion to dismiss, the complaint stated a cause of action and it was error to dismiss it. See Pierce v. LaVallee, 293 F. 2d 233 (C. A. 2d Cir.); Sewell v. Pegelow, 291 F. 2d 196 (C. A. 4th Cir.).
How later courts describe this case
Explanatory parentheticals written by citing courts — 5 in all; the most informative distinct ones are shown.
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(reversing dismissal of § 1983 claim challenging discrimination on the basis of prisoner’s religious beliefs)
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(solely because of religious beliefs, prisoner had been denied permission to purchase certain religious publications and had been denied other privileges enjoyed by fellow prisoners)
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(inmate's right to purchase religious publications)
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(dissenting opinion of Goldberg, J.)
Cited by 409 cases
View all citing references →- U.S. Supreme Court12
- U.S. Courts of Appeals141
- Federal District Courts230
- Bankruptcy Courts3
- State Highest Courts11
- State Appellate Courts8
- State Trial Courts3
- Territorial Courts1
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