Civil Rights Complaint Sent Back for More Proceedings
Casanova v. Ulibarri, ___ F.3d ___ , 2010 WL 437335 (10th Cir. 2010)
Reversal of dismissal of §1983 complaint. District court wrongly considered allegations in the warden’s answer as established facts upon which to dismiss the complaint, determining, for example, that the warden took over his post after the largely undated medical conditions actions complained of by petitioner. The district court failed to look at the non-movant’s (petitioner’s) facts in the light most favorable to non-movant, and failed to consider petitioner’s specific response that one of the complained-of actions took place after the warden began his job. Preferable procedure is to order the petitioner to supply dates rather than dismiss (Plaintiff was pro se).
Reversal of dismissal of §1983 complaint. District court wrongly considered allegations in the warden’s answer as established facts upon which to dismiss the complaint, determining, for example, that the warden took over his post after the largely undated medical conditions actions complained of by petitioner. The district court failed to look at the non-movant’s (petitioner’s) facts in the light most favorable to non-movant, and failed to consider petitioner’s specific response that one of the complained-of actions took place after the warden began his job. Preferable procedure is to order the petitioner to supply dates rather than dismiss (Plaintiff was pro se).
posted by Anonymous at 1:48 PM
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