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[Download] "Adams v. Pate" by United States Court of Appeals for the Seventh Circuit # Book PDF Kindle ePub Free

Adams v. Pate

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eBook details

  • Title: Adams v. Pate
  • Author : United States Court of Appeals for the Seventh Circuit
  • Release Date : January 23, 1971
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

The above appeals were consolidated in this Court for briefing and argument, and we elect to dispose of them in one opinion. The plaintiffs-appellants are both inmates of the Illinois State Penitentiary, Stateville Branch, Joliet, Illinois. In No. 18831 plaintiff Vernon C. Adams filed a pro-se complaint in the District Court pursuant to leave to proceed in forma pauperis, seeking recovery of monetary damages from the defendant, Frank J. Pate, under 42 U.S.C.A. §Â§ 1983 and 1985 for violations of Adams civil rights alleged to have occurred during Pates tenure as Warden of the Stateville Branch of the penitentiary. The District Court, on the defendants Rule 12(b) (6) motion supported by affidavit, dismissed the complaint for failure to state a claim upon which relief can be granted. In No. 18832 plaintiff Luther W. Miller filed a pro-se complaint, pursuant to leave to proceed in forma pauperis granted by the District Court, seeking injunctive relief against and monetary damages from the defendants-appellees under §Â§ 1983 and 1985 for alleged violations of Millers civil rights. Prior to the filing of a responsive pleading by the defendants, the District Court dismissed Millers complaint as frivolous. In their appeals both plaintiffs are represented by the same court-appointed counsel.


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