Robert Rasberry v. David Spradling, Etc.
Cases that cite this one
5 later published cases cite this decision.
- Ronell v. Cabbagestock (District Court, D. South Carolina 2020)
- Jack Dempsey Phillips v. E. Wilson Purdy (5th Cir. 1980)
- Hubert Richard Lewis Alias Charles Stanley v. Lionel Bragan, Sheriff, Jefferson County, Alabama (5th Cir. 1978)
- Thomas Wayne Hurst v. C. Paul Phelps (5th Cir. 1978)
- Arthur Mitchell, Gregory Robertson, and William Birtha v. Michael Beaubouef (5th Cir. 1978)
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
This is a § 1983 prisoner civil rights case. Rather than ruling on the sufficiency of the complaint under standards of Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), the court referred the matter to a Magistrate who made an independent, ex parte factual investigation, including interviews of one or more witnesses.
The Magistrate concluded that plaintiff could not prove any set of facts that would entitle him to recover, and recommended that the case be dismissed as frivolous. The district court accepted the recommendation and dismissed the suit as frivolous. This does not comport with the Federal Rules of Civil Procedure or the governing case law.
VACATED and REMANDED for reconsideration under correct legal standards.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.