Marion Williams v. Cecil McCall Chairman, Etc., 531 F.2d 1247 (5th Cir. 1976). · Go Syfert
Marion Williams v. Cecil McCall Chairman, Etc., 531 F.2d 1247 (5th Cir. 1976). Cases Citing This Book View Copy Cite
24 citation events across 8 distinct courts.
Strongest positive: In Re United States Parole Commission (cadc, 1986-09-02) · Strongest negative: Rick Dean Bressman v. Hal Farrier, George Goff v. Crispus Nix Harold Farrier Deputy Warden Henry Correctional Officer Spangler Correctional Officer Rooney Correctional Officer Marshall Correctional Officer Severin Correctional Officer Drummond Correctional Officer Stevens Correctional Officer Fields Correctional Officer Dilks, George Goff v. Steve Dailey, Superintendent of Clarinda Correctional Officer Huskins, Laurence Burgin v. Hal Farrier Paul Grossheim Crispus Nix Ron Welder Charles Harper Marion Ware John Sanders Randall Martain R.W. McVeigh John Lewis A.K. Anderson Richard McAllon Neal Breding Captain Bridle J.R. Goetz Gerald Dolf George Finn Lt. Mitchell Paul Schrock John Dewey Richard Larkin George Clymax Rick Barlow Donell Prough Lt. Birdsell Steve Young Kevin Selton Lt. Barnard Lt. Crowell James Rennea Ray Olson Pat McLaughlin Bob Washington, Ronald W. Brewer and James Whited, Jr. v. John Henry Sarah Coats James Burton (Captain), Ronald A. Mahers v. Crispus C. Nix Charles Harper Ken Wittry Ronald G. Welder Paul Grossheim, Charles O. Reese v. Hal Farrier C.C. Nix, Warden Hedgepeth John Henry Ron G. Welder Charles Harper, Chester Walton, Jr. v. Crispus C. Nix Charles Harper Lieutenant Ship Ronald G. Welder (ca8, 1990-05-30)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited "but see" Bressman v. Farrier (2×) also: Cited as authority (rule)
8th Cir. · 1990 · signal: but see · confidence high
But see Williams v. McCall, 531 F.2d 1247, 1248 (5th Cir.1976) (per curiam) (single procedural claim not subject to exhaustion).
discussed Cited as authority (rule) In Re United States Parole Commission
D.C. Cir. · 1986 · confidence medium
Williams v. McCall, 531 F.2d 1247, 1248 (5th Cir.1976) (distinguishing attack on validity of parole-decision procedure from attack on validity of denial of parole, and ruling that the latter must be brought in habeas corpus, but the former need not); Shaw v. Briscoe, 526 F.2d 675, 676 (5th Cir.1976) (per curiam), cert. denied, 430 U.S. 933 , 97 S.Ct. 1556 , 51 L.Ed.2d 778 (1977) (court could grant declaratory relief in § 1983 suit challenging constitutionality of various procedures of state parole board). 88 .
discussed Cited as authority (rule) Wright v. Cuyler
E.D. Pa. · 1981 · confidence medium
For without regard to whether the state must actually afford these privileges, if it does so generally but discriminates against plaintiff he has been denied equal protection of the law as guaranteed by the Fourteenth Amendment.” Accord, Durso v. Rowe, 579 F.2d 1365, 1372 (7th Cir. 1978), cert. denied, 439 U.S. 1121 , 99 S.Ct. 1033 , 59 L.Ed.2d 82 (1979); Nadeau v. Helgemoe, 561 F.2d 411, 416 (1st Cir. 1977); Williams v. McCall, 531 F.2d 1247, 1248 (5th Cir. 1976).
cited Cited as authority (rule) Allen I. Lamar, Allen I. Lamar v. Clyde Whiteside
5th Cir. · 1979 · confidence medium
See, e. g., *89 Finley v. Staton, 542 F.2d 250, 251 (5th Cir. 1976) (per curiam); Williams v. McCall, 531 F.2d 1247, 1248 (5th Cir. 1976) (per curiam).
discussed Cited as authority (rule) Rayford Conner v. Officer Walter Pickett
5th Cir. · 1977 · confidence medium
Conner alleges that the officers used his sister “to intimidate me into arrest.” Read liberally, as it must be, his pro se complaint states a Section 1983 cause of action because “[i]t cannot be said that, without doubt, there exists no state of facts which would entitle the plaintiff to the relief he demands.” Finley v. Staton, 542 F.2d 250, 251 (5th Cir. 1976), quoting Williams v. McCall, 531 F.2d 1247, 1248 (5th Cir. 1976).
cited Cited "see" Robert Irwin Gwin v. Wayne Snow, Jr., Robert I. Gwin v. Mobley Howell
11th Cir. · 1989 · signal: see · confidence high
See Williams v. McCall, 531 F.2d 1247 (5th Cir.1976), receded from, Serio v. Members of the La.
Retrieving the full opinion text from the archive…
Marion WILLIAMS, Plaintiff-Appellant,
v.
Cecil McCALL, Chairman, Et Al., Etc., Defendants-Appellees
75--2918.
Court of Appeals for the Fifth Circuit.
Feb 4, 1976.
531 F.2d 1247
1976 U.S. App. LEXIS 12999
Marion Williams, pro se., Arthur K. Bolton, Atty. Gen., Atlanta, Ga., for defendants-appellees.
Wisdom, Bell, Clark.
Cited by 16 opinions  |  Published
PER CURIAM:

Williams, the plaintiff-appellant, brought a civil rights action under 42 U.S.C. § 1983 against the Georgia State Board of Pardons and Paroles and its chairman, Cecil McCall. Williams, a prisoner in the Georgia prison[*1248] system, sought damages, and declaratory and injunctive relief. He alleged, among other things, that the Board discriminated against him in failing to grant him a face-to-face interview before denying his application for parole. Although Williams’s complaint recognized that Georgia law vested the Board with discretion in the decision whether to grant an interview, Williams contended that the Board abused its discretion by refusing him an interview while granting interviews to other prisoners similarly situated.

The district court, without requiring the defendants to answer, dismissed the complaint. First, the court held that the complaint, styled a § 1983 action, was actually a habeas corpus petition. As such, it was subject to the exhaustion requirements of 28 U.S.C. § 2254(b). These requirements had clearly not been' met. Second, the court decided that, construed as a § 1983 action, the complaint did not state a claim, because “parole boards are granted a wide latitude of discretion in matters concerning parole. Sexton v. Wise, 5 Cir. 1974, 494 F.2d 1176.” We disagree with the action of the district court.

The district court’s reliance on Cruz v. Skelton, 5 Cir. 1974, 502 F.2d 1101, for the proposition that the complaint was properly construed as a habeas corpus petition, was incorrect. In Cruz, we held that Preiser v. Rodriguez, 1973, 411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439, required the complaint to be viewed as a habeas petition and the petitioner to exhaust his state remedies. In Cruz, however, the plaintiff-petitioner challenged not the validity of the parole decision procedure, but the validity of the denial of parole. In the instant case, the complaint does not seek the plaintiff’s release. It merely seeks procedural amenities believed to have been arbitrarily withheld. Preiser does not require exhaustion in this circumstance. Cf. Wolff v. McDonnell, 1974, 418 U.S. 539, 552-554, 94 S.Ct. 2963, 2973, 41 L.Ed.2d 935, 949-50.

In deciding whether a prisoner’s pro se complaint states a cause of action, the district court is required to construe the complaint liberally. Haines v. Kerner, 1972, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652; Campbell v. Beto, 5 Cir. 1972, 460 F.2d 765. The complaint must not be dismissed “unless it appears beyond doubt that the plaintiff would not be entitled to relief under any state of facts which could be proved in support of his claim.” Farries v. United States Board of Parole, 7 Cir. 1973, 484 F.2d 948, 949. In view of this broad standard, it was error to dismiss the complaint without affording the plaintiff an opportunity to prove his allegations.

The plaintiff here has alleged that the Board does grant interviews to some similarly-situated applicants for parole, but has arbitrarily refused him such an interview. Georgia law allows, but does not require, an interview. Ga.Code Ann. § 77-516. The Board is allowed to promulgate rules and regulations concerning all of its functions. Id. § 77-525. The Board, pursuant to § 77-525, has made the following statement:

Statewide Inmate Interview Program Board members cannot personally interview every inmate being considered for parole. However, under a continuing Board policy, inmates nearing their parole consideration date are automatically selected for interview by Board members if they meet certain criteria.

Georgia State Board of Pardons and Paroles, Rule Book 13 (1975). The Rule Book does not list and define the “certain criteria”. The plaintiff may be able to show that under a properly promulgated rule he was entitled to an interview, but arbitrarily denied one.

It cannot be said that, without doubt, there exists no set of facts which would entitle the plaintiff to the relief he demands. As we said in Campbell, 460 F.2d at 769:

reversal of the Rule 12(b)(6) dismissal does not necessarily forecast a trial. . [T]he case goes back with no[*1249] prediction as to the ultimate outcome .

VACATED and REMANDED. [1]

1

. Because the plaintiff will be given an opportunity to present evidence to the district court, we do not comment here about the possible adequacy of other allegations in the complaint.