(DOWNLOAD) "Gillespie v. Crawford" by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free

June 26, 2021

eBook details

Title: Gillespie v. Crawford
Author : United States Court of Appeals for the Fifth Circuit
Release Date : January 30, 1987
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 54 KB

Description

Daryl Gillespie is an inmate of the Texas Department of Corrections (the TDC). Gillespie and James Smith, another TDC inmate, filed this action under 42 U.S.C. Â§ 1983. Gillespie and Smith alleged that they were housed in crowded and unhealthy conditions in violation of the eighth amendments prohibition against cruel and unusual punishments and that as a result they contracted tuberculosis. They asked for injunctive and declaratory relief and damages. The district court held that Gillespie and Smith failed to state a claim under section 1983 and thus dismissed their in forma pauperis suit, prior to service of process, as frivolous pursuant to 28 U.S.C. Â§ 1915(d). Gillespie timely appealed to this court.