From Casetext: Smarter Legal Research

Riley v. Collins

United States Court of Appeals, Fifth Circuit
Sep 29, 1987
828 F.2d 306 (5th Cir. 1987)

Summary

explaining that Spears hearing gave plaintiff opportunity to orally "clarify, amend, and amplify" the written pleadings

Summary of this case from Eason v. Holt

Opinion

No. 87-2169. Summary Calendar.

September 29, 1987.

Harry H. Walsh, III, Huntsville, Tex., for plaintiff-appellant.

Jim Mattox, Atty. Gen., Michael P. Hodge, Asst. Atty. Gen., Austin, Tex., for defendant-appellee.

Appeal from the United States District Court for the Eastern District of Texas.

Before GEE, GARWOOD and JONES, Circuit Judges.


Riley, a state prisoner confined in the Texas department of corrections, appeals the dismissal of his civil rights action. His pro se pleading asserts that the defendant, a prison psychologist, falsely and maliciously diagnosed him as suicidal so as to cause him to be confined in a "strip cell," where the cold aggravated his asthma. After such a hearing as is suggested in Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985), the district court concluded that Riley's actual complaint was one of "simple medical negligence." At the Spears hearing, Riley was "given an opportunity to state his best case, to state the specifics of his case and to otherwise clarify, amend and amplify his written pleadings." It was after he had done so that the court determined that no more than negligence was claimed, at most — a claim that does not state an Eighth Amendment violation. Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976).

Before us, Riley advances only the allegations of his complaint, ignoring what transpired at the Spears hearing. Upon the basis of that hearing, however, the trial court made the determinations stated above, determinations of a factual nature regarding the character of Riley's claim. These supersede the allegations of his pleading, and we cannot review them because Riley has furnished us no transcript of the hearing. The order of dismissal must therefore be

AFFIRMED.


Summaries of

Riley v. Collins

United States Court of Appeals, Fifth Circuit
Sep 29, 1987
828 F.2d 306 (5th Cir. 1987)

explaining that Spears hearing gave plaintiff opportunity to orally "clarify, amend, and amplify" the written pleadings

Summary of this case from Eason v. Holt

stating that allegations made at a Spears hearing supersede claims alleged in the Complaint

Summary of this case from McKines v. Sims

stating that allegations made at a Spears hearing supersede claims alleged in the Complaint

Summary of this case from McKines v. Sims

stating that allegations made at a Spears hearing supersede claims alleged in the complaint

Summary of this case from Pinkston v. Lee

stating that allegations made at a Spears hearing supersede claims alleged in the compliant

Summary of this case from Pinkston v. Robinson

stating that allegations made at a Spears hearing supersede claims alleged in the complaint

Summary of this case from Pinkston v. Pointe

stating that allegations made at a Spears hearing supersede claims alleged in the complaint

Summary of this case from Pinkston v. Pendleton

stating that allegations made at a Spears hearing supersede claims alleged in the complaint

Summary of this case from Jordan v. King

stating that allegations made at a Spears hearing supersede claims alleged in the complaint

Summary of this case from Pinkston v. Pointe

stating that allegations made at a Spears hearing supersede claims alleged in the compliant

Summary of this case from Pinkston v. Robinson

stating that allegations made at a Spears hearing supersede claims alleged in the complaint

Summary of this case from Scott v. Forrest Cnty.

stating that allegations made at a Spears hearing supersede claims alleged in the complaint

Summary of this case from Scott v. McGee

stating that allegations made at a Spears hearing supersede claims alleged in the complaint

Summary of this case from Jordan v. King

stating that allegations made at a Spears hearing supersede claims alleged in the compliant

Summary of this case from Agee v. Green

stating that allegations made at a Spears hearing supersede claims alleged in the compliant

Summary of this case from Scott v. McGee

stating that allegations made at a Spears hearing supersede claims alleged in the compliant

Summary of this case from Scott v. Pyles

stating that allegations made at a Spears hearing supersede claims alleged in the complaint

Summary of this case from Sibley v. McGee

stating that allegations made at a Spears hearing supersede claims alleged in the complaint

Summary of this case from Brent v. MTC

stating that allegations made at a Spears hearing supersede claims alleged in the complaint

Summary of this case from Wallace v. Rigel

stating that allegations made at a Spears hearing supersede claims alleged in the complaint

Summary of this case from Gaitanis v. S. Health Partners

stating that allegations made at a Spears hearing supersede claims alleged in the complaint

Summary of this case from Savinell v. Bradley

stating that allegations made at a Spears hearing supersede claims alleged in the compliant

Summary of this case from Stewart v. Walley

stating that allegations made at a Spears hearing supersede claims alleged in the complaint

Summary of this case from Walters v. Johnson

noting that allegations made at a Spears hearing supersede claims alleged in the complaint

Summary of this case from Hinton v. Moore

stating that allegations made at a Spears hearing supersede claims alleged in the complaint

Summary of this case from Crump v. Brown
Case details for

Riley v. Collins

Case Details

Full title:KENNETH LANCE RILEY, PLAINTIFF-APPELLANT, v. JOE COLLINS…

Court:United States Court of Appeals, Fifth Circuit

Date published: Sep 29, 1987

Citations

828 F.2d 306 (5th Cir. 1987)

Citing Cases

Wells v. Pike Cnty.

Allegations made at a Spears hearing supersede the claims alleged in the complaint. Flores v. Livingston, 405…

Sibley v. McGee

On March 18, 2021, Defendants filed a Motion for Summary Judgment [25] based on Plaintiff's failure to allege…