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Reading is difficult. As a writer, I help the reader every way I can think of. As a reader, I work hard not to miss the big things in the middle of the road.

Monday, October 11, 2010

Where Complaint Good, Inmate Plaintiff Should Have Chance to Establish Some Evidence

Fifth Circuit Judges Patrick Higginbotham, Edith Brown Clement and Priscilla Owen, in a per curiam opinion, reversed and remanded the dismissal of a Texas state prison inmate's suit against the food service captain when the offender bit into a metal nut hidden in a piece of cornbread he was eating and broke a tooth. Kendrick Green, the plaintiff, alleged in his complaint that the captain had admitted to him that this was not the first time a foreign object had gotten into the food. The panel held that Green should have had the chance to prove this point before his suit was dismissed.

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