James Edward Clayton v. Robert T. Wade, Chief of Police, Etc.
Cases that cite this one
5 later published cases cite this decision.
- James Edward Clayton v. Bill Shaw, District Clerk, Dallas County, Texas (5th Cir. 1977)
- Uder v. Missouri Farmers Ass'n, Inc. (Mo. Ct. App. 1984)
- Troszynski v. Commonwealth Edison Co. (Ill. App. Ct. 1976)
- Albert H. Carter v. W. J. Estelle, Jr., Director Texas Department of Corrections (5th Cir. 1975)
- Terry Jones v. K. D. Connors, Superintendent (5th Cir. 1974)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.