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James Edward Clayton v. Robert T. Wade, Chief of Police, Etc.

James Edward CLAYTON, Plaintiff-Appellant, v. Robert T. WADE, Chief of Police, Et Al., Etc., Defendants-Appellees

Clayton v. Wade, 487 F.2d 595 (5th Cir. 1973)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
November 14, 1973
Docket
No. 73-2111
Judges
Wisdom, Ainsworth, Clark
Citations
487 F.2d 5951973 U.S. App. LEXIS 7027

Opinion — Per Curiam

PER CURIAM:

James Edward Clayton, a state prisoner appeals from the district court’s dismissal of his 42 U.S.C. § 1983 suit alleging that certain officials of Garland, Texas have wrongfully failed to return to him certain law books and legal materials seized during a search of his apartment, thereby denying him access to the courts and depriving him of property without just compensation. The defendants’ answer denying any knowledge as to the materials or their whereabouts was not a sufficient basis upon which to dismiss his claim. Some fact finding procedures were necessitated.

See Haines v. Kerner, 404 U.S. 519 , 92 S.Ct. 594 , 30 L.Ed.2d 652 (1969). We therefore vacate the judgment below and remand this case for further proceedings consistent with Campbell v. Beto, 460 F.2d 765 (5th Cir. 1972).

Vacated and remanded.

How later courts describe this case

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

1974: 11975: 11976: 11977: 11984: 119742026peak 1974 · 1

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 2

DepthCaseCited by
Haines v. Kerner, 404 U.S. 519 (1972) 26,889
Campbell v. Beto, 460 F.2d 765 (5th Cir. 1972) 94

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