U.S. Court of Appeals for the Fifth Circuit, 1972

Richard Jimenez v. Dr. George J. Beto, Director, Texas Department of Corrections

Richard Jimenez v. Dr. George J. Beto, Director, Texas Department of Corrections
U.S. Court of Appeals for the Fifth Circuit · Decided October 18, 1972 · Gewin, Thornberry, Clark
468 F.2d 616 (Federal Reporter, Second Series)

Counsel

Frances T. Freeman Cruz, Houston, Tex., for petitioner-appellant., Crawford Martin, Atty. Gen. of Texas, Roland Daniel Green, III, Asst. Atty. Gen., Austin, Tex., for respondentsappellees.

Richard Jimenez v. Dr. George J. Beto, Director, Texas Department of Corrections

Cases that cite this one

2 later published cases cite this decision.

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Opinion

PER CURIAM:

The appellant Richard Jimenez, a state prisoner, filed a complaint under 42 U.S.C. § 1983 alleging that prison officials subjected him to mistreatment and cruel and unusual punishment, in violation of the Eighth and Fourteenth Amendments. The complaint was dismissed by the district court without an evidentiary hearing. The judgment of the district court is vacated and the case is remanded for an evidentiary hearing. Jimenez v. Beto, 405 U.S. 910, 92 S.Ct. 989, 30 L.Ed.2d 781 (1972); Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972).

Vacated and remanded with directions.

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