Ervin v. Ciccone

22 Citing cases

  1. DeShields v. United States Parole Com'n

    593 F.2d 354 (8th Cir. 1979)   Cited 14 times
    Determining that requests for declaratory and injunctive relief that the plaintiff was entitled to prompt consideration for parole were mooted by his release on parole

    We have held that prison officials are entitled to the good faith immunity from monetary liability outlined in Wood v. Strickland, 420 U.S. 308, 316-22, 95 S.Ct. 992, 43 L.Ed.2d 214 (1975). Ervin v. Ciccone, 557 F.2d 1260, 1262 (8th Cir. 1977). We see no reason why, as a minimum, the same immunity should not apply to parole examiners in exercise of their official duties.

  2. Poole v. Stubblefield

    No. 4:05-CV-1005-TCM (E.D. Mo. Sep. 20, 2005)   Cited 16 times
    Dismissing a prisoner's challenge to taxes on the prison's commissary items

    Plaintiff's statements are "unsupported by factual allegations sufficient to support a claim for violation of constitutional rights." Ervin v. Ciccone, 557 F.2d 1260, 1262 (8th Cir. 1977) (citing Ellingburg v. King, 490 F.2d 1270 (8th Cir. 1974)). Plaintiff complains that defendants Simon and Stubblefield violated his rights under the Fourteenth Amendment by failing to release him in a timely manner.

  3. Williams v. City of St. Louis

    626 F. App'x 197 (8th Cir. 2015)   Cited 2 times

    As to Williams's claim that he was kept in solitary confinement for 23-24 hours at a time for non-disciplinary reasons and was served food at unsafe temperatures, he failed to allege facts indicating that his confinement led to any substantial risk of harm or immediate danger to health, or that defendants knew of and deliberately ignored the likelihood of harm. See Beaulieu v. Ludeman, 690 F.3d 1017, 1044-45 (8th Cir. 2012); Wishon v. Gammon, 978 F.2d 446, 449 (8th Cir. 1992); Ervin v. Ciccone, 557 F.2d 1260, 1262-63 (8th Cir. 1977). As to his claim that he was subjected to weekly strip searches, he failed to allege facts indicating that the strip searches were exaggerated beyond what was necessary for genuine security considerations, see Bell v. Wolfish, 441 U.S. 520, 559-62 (1979); Story v. Foote, 782 F.3d 968, 971-72 (8th Cir. 2015), or that defendants conducted the searches with deliberate indifference to his health or safety, see Farmer v. Brennan, 511 U.S. 825, 834, 836 (1994).

  4. Bass v. Singletary

    143 F.3d 1442 (11th Cir. 1998)   Cited 162 times
    Holding that prisoners do not have standing to bring other prisoners' claims for the denial of access to the courts

    See Johnson v. Rodriguez, 110 F.3d 299, 311 n. 15 (5th Cir.) ("[W]hile the assistance of other prisoners may be one way in which a particular prisoner's right of constitutional access to the courts is vindicated, such is not in and of itself a constitutional right."), cert. denied, ___ U.S. ___, 118 S.Ct. 559, 139 L.Ed.2d 400 (1997); Tighe v. Wall, 100 F.3d 41, 42-43 (5th Cir. 1996); Gibbs v. Hopkins, 10 F.3d 373, 378 (6th Cir. 1993); Williams v. Nix, 1 F.3d 712, 716 (8th Cir. 1993); Smith v. Maschner, 899 F.2d 940, 950 (10th Cir. 1990); Gassler v. Rayl, 862 F.2d 706, 707-08 (8th Cir. 1988); Ervin v. Ciccone, 557 F.2d 1260, 1262 (8th Cir. 1977). AFFIRMED.

  5. Munz v. Nix

    908 F.2d 267 (8th Cir. 1990)   Cited 15 times
    In Munz v. Nix, 908 F.2d 267, 270 (8th Cir. 1990), this court held that a stay order is appealable as a collateral order.

    We consider whether the action with respect to the jailhouse lawyer issue may be frivolous. While there is no personal right to be a jailhouse lawyer, to assure access to the courts, a prison must allow prisoners to assist one another unless there is available to prisoners a reasonable, alternative means of legal assistance. Johnson v. Avery, 393 U.S. 483, 490, 89 S.Ct. 747, 751, 21 L.Ed.2d 718 (1969); Gassler v. Rayl, 862 F.2d 706, 707 (8th Cir. 1988); Ervin v. Ciccone, 557 F.2d 1260, 1262 (8th Cir. 1977) (retaliation claim). Munz's complaint may state a claim in several ways. First, Munz's complaint states a claim if there is no reasonably effective alternative means of assistance available to ISP prisoners or to any specific grouping of prisoners within ISP. Wilson v. Iowa, 636 F.2d 1166, 1167 (8th Cir. 1981).

  6. Smith v. Maschner

    899 F.2d 940 (10th Cir. 1990)   Cited 934 times
    Holding that an isolated incident of mail interference, absent any evidence of improper motive, does not give rise to a constitutional violation

    Smith does not have a protected interest in providing legal representation to other inmates. See Ervin v. Ciccone, 557 F.2d 1260, 1262 (8th Cir. 1977). Whether he may assert his fellow inmates' right of access to the courts is a separate issue, and there is some controversy in the circuits on whether a prisoner has standing to assert such claims.

  7. Gassler v. Rayl

    862 F.2d 706 (8th Cir. 1988)   Cited 39 times
    Concluding no constitutional violation because inmate has no right to prison job

    Wilson v. Iowa, 636 F.2d 1166, 1167 (8th Cir. 1981). See also Ervin v. Ciccone, 557 F.2d 1260, 1262 (8th Cir. 1977). There is, however, no right to be or to receive legal assistance from a jailhouse lawyer independent of the right of access to the court.

  8. Flittie v. Solem

    827 F.2d 276 (8th Cir. 1987)   Cited 126 times
    Holding inmates have no constitutional right to be assigned a particular job

    This court has held, however, that there is no constitutional violation in prohibiting an inmate from assisting other inmates in legal matters "so long as prison officials make available to those other inmates assistance from persons trained in the law." Ervin v. Ciccone, 557 F.2d 1260, 1262 (8th Cir. 1977) (per curiam). The record reveals that there are currently three prison law library law clerks.

  9. Harmon v. Auger

    768 F.2d 270 (8th Cir. 1985)   Cited 32 times
    Holding that an inmate does not have a liberty interest in contact visits

    Harlow v. Fitzgerald, 457 U.S. 800, 815, 102 S.Ct. 2727, 2736, 73 L.Ed.2d 396 (1982). See also Wycoff v. Brewer, 572 F.2d 1260, 1267 (8th Cir. 1978); Ervin v. Ciccone, 557 F.2d 1260, 1262 (8th Cir. 1977). In determining the reasonableness of an official's belief that an action was constitutional, the court should look to whether the action violated a well-settled and unquestioned constitutional right.

  10. Grady v. Wilken

    735 F.2d 303 (8th Cir. 1984)   Cited 35 times
    In Grady, for example, an inmate alleged that prison officials had denied him meaningful access to the courts when his transfer to a segregated unit for violating prison rules resulted in the loss of his mailing privileges for twenty days.

    Although pro se pleadings must be liberally construed, Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 595, 30 L.Ed.2d 652 (1972), this court has affirmed the dismissal of a complaint based on "broad and conclusory statements." Ervin v. Ciccone, 557 F.2d 1260, 1262 (8th Cir. 1977). Because Grady alleges only that the two officials gave "tacit and/or direct approval" to the other violations he delineated, the amendment was properly denied as an insufficient statement.