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Robert David Roy v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Robert David ROY, Plaintiff-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Defendant-Appellee

Roy v. Wainwright, 418 F.2d 231 (5th Cir. 1969)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
November 12, 1969
Docket
No. 28151
Judges
Wisdom, Coleman, Simpson
Citations
418 F.2d 2311969 U.S. App. LEXIS 10075

Opinion — Per Curiam

PER CURIAM.

In this pro se case appellant has failed to file a brief within the time fixed by Rule 31 F.R.A.P., and it is therefore appropriate to dispose of this case summarily pursuant to Rule 9(c) (2) of this Court. Stout v. Broom, 5th Cir. 1969, 406 F.2d 758 .

Appellant is an inmate of the Florida State Prison at Raiford, Florida, confined in the maximum security wing. He filed a petition in the court below pursuant to 42 U.S.C. § 1983 , requesting an injunction directing Florida prison officials to provide him with adequate medical and dental care. Appellant claims that he is being denied such treatment solely because he is in maximum security. The district court denied relief without a hearing, stating that federal courts will not inquire into the general administration of state prisons. We affirm.

This Court is unwilling to interfere in the internal operation and administration of prison systems unless prison authorities have abused their wide discretion as to treatment of prisoners. Granville v. Hunt, 5th Cir. 1969, 411 F.2d 9 ; Schack v. Florida, 5th Cir. 1968, 391 F.2d 593 ; Thompson v. Blackwell, 5th Cir. 1967, 374 F.2d 945 . There has been no abuse of discretion shown here.

Appellant admits being treated while in maximum security for various illnesses and injuries. He admits that emergency dental care is available. He even admits that he declined surgery to rectify one serious condition of which he now complains and underwent surgery while in maximum security to remove a bullet from his knee.

The court below was correct in finding that appellant has failed to show a deprivation of constitutional rights upon which relief could be granted. The judgment of the district court is affirmed.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 18 cases

View all citing references →
1970: 41971: 31972: 71973: 11974: 21975: 119702026peak 1972 · 7

Relies on it most ⓘ

  1. Nazareth Gates, and United States of America v. John Collier, Superintendent, Mississippi State Penitentiary501 F.2d 1291 (5th Cir. 1974)
  2. Katie Ruth Anderson v. J438 F.2d 183 (5th Cir. 1971)
  3. Coy Ray Campbell v. Dr. George J. Beto, Director of the Texas Department of Corrections460 F.2d 765 (5th Cir. 1972)
  4. Newman v. State of Alabama349 F. Supp. 278 (M.D. Ala. 1972)
  5. Stokes v. Hurdle393 F. Supp. 757 (D. Maryland 1975)
  6. Krist v. Smith309 F. Supp. 497 (S.D. Ga. 1970)

Most recent

  1. Stokes v. Hurdle393 F. Supp. 757 (D. Maryland 1975)
  2. Hampe v. Hogan388 F. Supp. 13 (M.D. Penn. 1974)
  3. Nazareth Gates, and United States of America v. John Collier, Superintendent, Mississippi State Penitentiary501 F.2d 1291 (5th Cir. 1974)
  4. White v. Sullivan368 F. Supp. 292 (S.D. Ala. 1973)
  5. Davis v. Schmidt57 F.R.D. 37 (W.D. Wis. 1972)
  6. Newman v. State of Alabama349 F. Supp. 278 (M.D. Ala. 1972)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
A. D. Granville v. W. B. Hunt, 411 F.2d 9 (5th Cir. 1969) 96
Schack v. Florida, 391 F.2d 593 (5th Cir. 1968) 29
Asbury Thompson, Jr. v. Olin Blackwell,, U.S. Penitentiary, Atlanta, Ga., 374 F.2d 945 (5th Cir. 1967) 14
Stout v. Sheriff, 406 F.2d 758 (5th Cir. 1969) 13

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