Robert Davis v. Wayne Scott, Dir. v. Unidentified Dawson, Corr. Officer III Unidentified Crowder, Corr. Officer, III, 157 F.3d 1003 (5th Cir. 1998). · Go Syfert
Robert Davis v. Wayne Scott, Dir. v. Unidentified Dawson, Corr. Officer III Unidentified Crowder, Corr. Officer, III, 157 F.3d 1003 (5th Cir. 1998). Cases Citing This Book View Copy Cite
280 citation events (264 in the last 25 years) across 17 distinct courts.
Strongest positive: Keiland Construction v. Weeks Marine (ca5, 2024-07-25) · Strongest negative: Burkle v. Patrick (ca5, 2025-03-28)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited "but see" Burkle v. Patrick (4×) also: Cited as authority (rule), Cited "see"
5th Cir. · 2025 · signal: but see · confidence bake:cell
See, e.g., id. at 9 n.2 (holding that “massive amounts” of feces in plaintiff’s seclusion cell, his being deprived restroom facilities, forced to relieve himself in his cell, and forced to sleep on the cell floor violated the Eighth Amendment); Palmer, 193 F.3d at 352–53 (determining that plaintiff’s confinement to a small area without restroom facilities and in unsanitary conditions for seventeen hours deprived him of the basic elements of hygiene); Gates, 376 F.3d at 338–40 (holding that plaintiff’s confinement to unsanitary cell conditions implicated the Eighth Amendment’s p…
discussed Cited as authority (verbatim quote) Keiland Construction v. Weeks Marine
5th Cir. · 2024 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
we may affirm a judgment upon any basis supported by the record.
discussed Cited as authority (verbatim quote) Smith-Hubbard v. AMICA
5th Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
we may affirm a judgment upon any basis supported by the record.
discussed Cited as authority (verbatim quote) Jarvis v. Hall
5th Cir. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the plaintiff remains the master of his complaint and is, in the end, the person responsible for articulating the facts that give rise to a cognizable claim.
discussed Cited as authority (verbatim quote) Adams v. Fuller
5th Cir. · 2022 · quote attribution · 1 verbatim quote · confidence high
this court may affirm a judgment upon any basis supported by the record.
discussed Cited as authority (verbatim quote) Miller v. Dricks
5th Cir. · 2021 · quote attribution · 1 verbatim quote · confidence high
this court may affirm a judgment upon any basis supported by the record.
discussed Cited as authority (verbatim quote) Zulema Longoria v. San Benito Indep Con Sch Dist
5th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
this court may affirm a judgment upon any basis supported by the record.
discussed Cited as authority (rule) Wayne Palmore v. Travis Day, Et Al.
E.D. La. · 2026 · confidence medium
See Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985); Wilson v. Barientos, 926 F.2d 480, 482 (5th Cir. 1991). “[T]he Spears procedure affords the plaintiff an opportunity to verbalize his complaints, in a manner of communication more comfortable to many prisoners.” Davis v. Scott, 157 F.3d 1003, 1005-06 (5th Cir. 1998).
discussed Cited as authority (rule) Jonathan Payton v. Inspire Brands, et al.
E.D. La. · 2026 · confidence medium
To avoid dismissal, a complaint must contain sufficient factual matter to state a claim to relief that is plausible on its face (i.e., the factual allegations must “be enough to raise a right to relief above the speculative level”).9 If the “facts” alleged are “merely consistent” with those minimally required to establish liability, the complaint “stops short of the line between possibility and plausibility.”10 “Plausibility simply calls for enough factual allegations to raise a reasonable expectation that discovery will reveal evidence to support the elements of the claim.�…
discussed Cited as authority (rule) Freddy Flores v. N. Hill
S.D. Tex. · 2026 · confidence medium
A claim has no arguable basis in law if it is based on an indisputably meritless legal theory, “such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998).
discussed Cited as authority (rule) David Abisai Reyes-Medrano v. Investigator Lopez, City of Edinburg, Jorge Moreno, Sergeant Rodriguez, Daniel Pena, Orlando Garcia, Gustavo Villegas, Angela Villadares, Pablo Juarez, Doctors Hospital at Renaissance, Ltd.
S.D. Tex. · 2026 · confidence medium
“A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Harper v. Showers, 174 F.3d 716, 718 (Sth Cir. 1999) (quoting Davis v. Scott, 157 F.3d 1003, 1005 (Sth Cir. 1998)).
discussed Cited as authority (rule) Amy Warner v. City of Corpus Christi Police Department
S.D. Tex. · 2026 · confidence medium
A claim has no arguable basis in law if it is based on an indisputably meritless legal theory, “such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998) (citing McCormick v. Stalder, 105 F.3d 1059, 1061 (5th Cir. 1997)).
discussed Cited as authority (rule) Timothy Demond Pate v. Michael Sewell, ET AL.
E.D. La. · 2026 · confidence medium
LEGAL STANDARDS A. Statutorily Required Screening As soon as practicable after docketing, the court must review a prisoner’s § 1983 complaint for a cognizable claim, or dismiss the complaint if it is frivolous and/or fails to state a claim.1 A claim is frivolous if it “lacks an arguable basis in law or fact.”2 A claim lacks an arguable basis in law if it is “based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.”3 A factually frivolous claim alleges only facts that are “‘clearly baseless,�…
discussed Cited as authority (rule) Joan Fox and Fredrick L. Tidwell, Sr. v. Safe Security, Inc, Judge Vince Marascalco, Albert C. Britt, and David Daigneault
N.D. Miss. · 2026 · confidence medium
A claim “lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998).
discussed Cited as authority (rule) Vance Scott Senior v. Woodruff Camus, et al.
E.D. La. · 2026 · confidence medium
Feb. 22, 2011). 14 Neitzke v. Williams, 490 U.S. 319, 325 (1989). 15 Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998) (quoting McCormick v. Stalder, 105 F.3d 1059, 1061 (5th Cir. 1997)). 16 Moore v. Mabus, 976 F.2d 268, 270 (5th Cir. 1992) (citing Denton v. Hernandez, 504 U.S. 25 , 32–33 (1992)). 17 Id. (quoting Denton, 504 U.S. at 32-33 ). 18 Garrett v. Thaler, 560 F. App’x 375, 377 (5th Cir. 2014) (per curiam) (quoting Bell Atl.
discussed Cited as authority (rule) Vance Scott Senior v. St. Charles Parish, et al.
E.D. La. · 2026 · confidence medium
Plaintiff does not indicate whether any charges remain pending or whether any conviction based on same was vacated, set aside or otherwise invalidated. 15 Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998) (quoting McCormick v. Stalder, 105 F.3d 1059, 1061 (5th Cir. 1997)). 16 Moore v. Mabus, 976 F.2d 268, 270 (5th Cir. 1992) (citing Denton v. Hernandez, 504 U.S. 25 , 32–33 (1992)). 17 Id. (quoting Denton, 504 U.S. at 32-33 ). 18 Garrett v. Thaler, 560 F. App’x 375, 377 (5th Cir. 2014) (per curiam) (quoting Bell Atl.
discussed Cited as authority (rule) Jacob Kelly v. Hinijosa, et al.
S.D. Tex. · 2026 · confidence medium
A claim has no arguable basis in law if it is based on an indisputably meritless legal theory, “such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998).
discussed Cited as authority (rule) Bank of America, N.A. v. Ztar Mobile, Inc. and Kevin T. Haddad, LLC
N.D. Tex. · 2026 · confidence medium
“A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Id. (quoting Harper, 174 F.3d at 718 (quoting Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998))).
discussed Cited as authority (rule) Daniel Lee Beckley v. Marc E. Johnson, et al.
M.D. La. · 2026 · confidence medium
Though absolute immunity does not extend to suits for injunctive relief under § 1983,17 to the extent that Berkley seeks declaratory or injunctive relief in the form of a reversal of his conviction and a new trial in his state criminal case,18 this court has no power to grant this injunctive relief.19 Further, the claim seeking dismissal of criminal charges cannot be brought in 13 Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998). 14 A district court may appropriately consider the possible applicability of the doctrine of absolute immunity as a threshold matter in making a § 1915(e) determ…
discussed Cited as authority (rule) Raychelle Marie Harris v. Mike Tregre, et al.
E.D. La. · 2025 · confidence medium
Feb. 22, 2011). 7 Amrhein v. United States, 740 F. App’x 65 , 66 (5th Cir. 2018). 8 James v. Richardson, 344 F. App’x 982, 983 (5th Cir. 2009) (“Section 1915(e)(2)(B) requires dismissal of frivolous IFP actions even if those actions are brought by non-prisoner plaintiffs.” (citing Newsome v. EEOC, 301 F.3d 227 , 231 (5th Cir. 2002))); Newsome, 301 F.3d at 231 (applying § 1915(e)(2)(B) to a non-prisoner whose complaint was frivolous). 9 Neitzke v. Williams, 490 U.S. 319, 325 (1989). 10 Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998) (quoting McCormick v. Stalder, 105 F.3d 1059, 106…
discussed Cited as authority (rule) Keisha Ann Jacquet v. Dorrance Publishing Company, Et Al.
E.D. La. · 2025 · confidence medium
An action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics20 remedies constitutional violations by federal government officials in their individual capacities.21 To state a Bivens claim, a plaintiff must plead a deprivation of statutory or constitutional rights by a federal officer acting under color of federal law.22 “[P]rivate actors [are] not subject to liability 15 Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998) (quotation omitted). 16 Moore v. Mabus, 976 F.2d 268, 270 (5th Cir. 1992) (citing Denton v. Hernandez, 504 U.S. 25 , 32–33 (1992)). 17 Id. 18 Garrett…
discussed Cited as authority (rule) Michael Finnie v. Sydnie Parnell, et al.
M.D. La. · 2025 · confidence medium
A claim has no arguable basis in law if it is based upon an indisputably meritless legal theory, “such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998).
discussed Cited as authority (rule) Curtis Lanson Mitchell v. Nancy A. Miller, ET AL.
E.D. La. · 2025 · confidence medium
However, criminal charges cannot be brought by private individuals: “[A] private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.”17 As Chief Justice Roberts has noted, “[o]ur entire criminal justice system is premised on the notion that a criminal prosecution pits the government against the governed, not one private citizen against another.”18 Nor can a plaintiff compel a criminal investigation by federal law enforcement agencies by filing a civil complaint.19 The Executive Branch has absolute discretion to decide whether to investigate o…
discussed Cited as authority (rule) Richard Bell (#588596) v. Chase Boitnott, et al.
M.D. La. · 2025 · confidence medium
A claim has no arguable basis in law if it is based upon an indisputably meritless legal theory, “such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998).
discussed Cited as authority (rule) Theodore Smith (#313084) v. Msgt. Dumas, et al.
M.D. La. · 2025 · confidence medium
A claim has no arguable basis in law if it is based upon an indisputably meritless legal theory, “such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998).
discussed Cited as authority (rule) Gerard Bell (#84020) v. Erin Wiley Lanoux, et al.
M.D. La. · 2025 · confidence medium
A claim has no arguable basis in law if it is based upon an indisputably meritless legal theory, “such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998).
discussed Cited as authority (rule) Bobby Parker v. Susan Hutson, Sheriff
E.D. La. · 2025 · confidence medium
LEGAL STANDARD A. Statutorily Required Screening As soon as practicable after docketing, the court must review a prisoner’s § 1983 complaint for a cognizable claim, or dismiss the complaint if it is frivolous and/or fails to state a claim.1 The court must dismiss an in forma pauperis § 1983 complaint if, upon review, it is frivolous and/or fails to state a claim.2 A claim is frivolous if it “lacks an arguable basis in law or fact.”3 A claim lacks an arguable basis in law if it is “based on an indisputably meritless legal theory, such as if 1 28 U.S.C. §§ 1915A, 1915(e)(2)(B); Marti…
discussed Cited as authority (rule) Rupple v. Warren
E.D. La. · 2025 · confidence medium
LEGAL STANDARDS A. Statutorily Required Screening As soon as practicable after docketing, the court must review a prisoner’s § 1983 complaint for a cognizable claim, or dismiss the complaint if it is frivolous and/or fails to state a claim.3 A claim is frivolous if it “lacks an arguable basis in law or fact.”4 A claim lacks an arguable basis in 3 28 U.S.C. § 1915A; 28 U.S.C. § 1915 (e)(2)(B); Martin, 156 F.3d at 579-80. 4 Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998); Reeves v. Collins, 27 F.3d 174, 176 (5th Cir. 1994).
discussed Cited as authority (rule) King v. Thompson Meat Packing
E.D. La. · 2025 · confidence medium
A. Statutorily Required Screening As soon as practicable after docketing, the court must review a prisoner’s § 1983 complaint for a cognizable claim, or dismiss the complaint if it is frivolous and/or fails to state a claim.1 A claim is frivolous if it “lacks an arguable basis in law or fact.”2 A claim lacks an arguable basis in law if it is “based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.”3 A factually frivolous claim alleges only facts that are “‘clearly baseless,’ . . . are ‘…
discussed Cited as authority (rule) Blacher v. Gautreaux
M.D. La. · 2025 · confidence medium
A claim has no arguable basis in law if it is based upon an indisputably meritless legal theory, “such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998).
discussed Cited as authority (rule) Sullivan v. Orleans Parish Prison
E.D. La. · 2025 · confidence medium
LEGAL STANDARDS A. Statutorily Required Screening As soon as practicable after docketing, the court must review a prisoner’s § 1983 complaint for a cognizable claim, or dismiss the complaint if it is frivolous and/or fails to state a claim.1 A claim is frivolous if it “lacks an arguable basis in law or fact.”2 A claim lacks an arguable basis in law if it is “based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.”3 A factually frivolous claim alleges only facts that are “‘clearly baseless,�…
discussed Cited as authority (rule) King v. Slidell City
E.D. La. · 2025 · confidence medium
Said individuals are alleged to be Slidell Police. (1) Defamation of character.3 King seeks monetary damages and prosecution of the involved individuals.4 To better understand King’s claims, the Court held a Spears hearing in this matter on July 1, 2025.5 See Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985). “[T]he Spears procedure affords the plaintiff an opportunity to verbalize his complaints, in a manner of communication more comfortable to many prisoners.” Davis v. Scott, 157 F.3d 1003, 1005-06 (5th Cir. 1998).
discussed Cited as authority (rule) Allen v. Wilson
E.D. La. · 2025 · confidence medium
LEGAL STANDARDS A. Statutorily Required Screening As soon as practicable after docketing, the court must review a prisoner’s § 1983 complaint for a cognizable claim, or dismiss the complaint if it is frivolous and/or fails to state a claim.3 A claim is frivolous if it “lacks an arguable basis in law or fact.”4 A claim lacks an arguable basis in law if it is “based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.”5 A factually frivolous claim alleges only facts that are “‘clearly baseless,�…
discussed Cited as authority (rule) Page v. Louisiana Department of Public Safety and Corrections
M.D. La. · 2025 · confidence medium
A claim has no arguable basis in law if it is based upon an indisputably meritless legal theory, “such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998).
cited Cited as authority (rule) Nasio v. United States Department of Defense
W.D. Tex. · 2025 · confidence medium
Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998).
discussed Cited as authority (rule) Page v. Hooper
M.D. La. · 2025 · confidence medium
A claim has no arguable basis in law if it is based upon an indisputably meritless legal theory, “such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998).
discussed Cited as authority (rule) Norris v. Terrebonne Parish Justice Complex
E.D. La. · 2025 · confidence medium
“A [claim] lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Harper v. Showers, 174 F.3d 716, 718 (5th Cir. 1999) (quoting Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998)).
discussed Cited as authority (rule) Roberts v. Day
E.D. La. · 2025 · confidence medium
“A [claim] lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Harper v. Showers, 174 F.3d 716, 718 (5th Cir. 1999) (quoting Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998)).
discussed Cited as authority (rule) Poupart v. Department of Public Safety
M.D. La. · 2025 · confidence medium
A claim has no arguable basis in law if it is based upon an indisputably meritless legal theory, “such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998).
discussed Cited as authority (rule) Harris v. Louisiana State
E.D. La. · 2025 · confidence medium
“At a minimum, Rule 9(b) requires allegations of the particulars of ‘time, place, and contents of the false 10 Neitzke v. Williams, 490 U.S. 319, 325 (1989). 11 Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998) (quoting McCormick v. Stalder, 105 F.3d 1059, 1061 (5th Cir. 1997)). 12 Moore v. Mabus, 976 F.2d 268, 270 (5th Cir. 1992) (citing Denton v. Hernandez, 504 U.S. 25 , 32–33 (1992)). 13 Id. (quoting Denton, 504 U.S. at 32-33 ). 14 Garrett v. Thaler, 560 F. App’x 375, 377 (5th Cir. 2014) (per curiam) (quoting Bell Atl.
discussed Cited as authority (rule) Salaverria v. Orange County
E.D. La. · 2025 · confidence medium
Plaintiff Cannot Assert Claims Under Criminal Statutes Criminal charges cannot be brought by private individuals. “[A] private citizen lacks a 12 Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998) (quoting McCormick v. Stalder, 105 F.3d 1059, 1061 (5th Cir. 1997)). 13 Moore v. Mabus, 976 F.2d 268, 270 (5th Cir. 1992) (citing Denton v. Hernandez, 504 U.S. 25 , 32–33 (1992)). 14 Id. (quoting Denton, 504 U.S. at 32-33 ). 15 Garrett v. Thaler, 560 F. App’x 375, 377 (5th Cir. 2014) (per curiam) (quoting Bell Atl.
discussed Cited as authority (rule) Holliday v. Goodell
E.D. La. · 2025 · confidence medium
“At a minimum, Rule 9(b) requires allegations of the particulars of ‘time, place, and contents of the false 5 Neitzke v. Williams, 490 U.S. 319, 325 (1989). 6 Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998) (quoting McCormick v. Stalder, 105 F.3d 1059, 1061 (5th Cir. 1997)). 7 Moore v. Mabus, 976 F.2d 268, 270 (5th Cir. 1992) (citing Denton v. Hernandez, 504 U.S. 25 , 32–33 (1992)). 8 Id. (quoting Denton, 504 U.S. at 32-33 ). 9 Garrett v. Thaler, 560 F. App’x 375, 377 (5th Cir. 2014) (per curiam) (quoting Bell Atl.
discussed Cited as authority (rule) Bosman v. Harris County Domestic Relations Office
S.D. Tex. · 2025 · confidence medium
A claim has no arguable basis in law if it is based on an indisputably meritless legal theory, “such as if the complaint alleges the violation ofa legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (Sth Cir. 1998).
discussed Cited as authority (rule) Sheedy v. Thompson
S.D. Tex. · 2025 · confidence medium
For this objective component, “extreme deprivations are required to make out a conditions-of-confinement claim.” Davis v. Scott, 157 F.3d 1003, 1006 (5th Cir. 1998) (citing Hudson v. McMillian, 503 U.S. 1,8 (1992)).
discussed Cited as authority (rule) Allen v. Navy Federal Credit Union
N.D. Tex. · 2025 · confidence medium
Finally, the Report notes that “[a] complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Report 3 (quoting Harper, 174 F.3d at 718 ) (quoting Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998)).
discussed Cited as authority (rule) Hall v. Texas Department of Family Protective Services
S.D. Tex. · 2025 · confidence medium
A claim has no arguable basis in law if it is based on an indisputably meritless legal theory, “such as ifthe complaint alleges the violation of a legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998).
discussed Cited as authority (rule) Bosman v. Davis III
S.D. Tex. · 2025 · confidence medium
A claim has no arguable basis in law if it is based on an indisputably meritless legal theory, “such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (Sth Cir. 1998).
cited Cited as authority (rule) Allen v. Brumfield
S.D. Miss. · 2025 · confidence medium
Davis v. Scott, 157 F.3d 1003, 1006 (5th Cir. 1998).
discussed Cited as authority (rule) Brujac v. Sharp
M.D. La. · 2025 · confidence medium
A claim has no arguable basis in law if it is based upon an indisputably meritless legal theory, “such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998).
discussed Cited as authority (rule) Jordan v. Harris County Court
S.D. Tex. · 2024 · confidence medium
A claim has no arguable basis in law if it is based on an indisputably meritless legal theory, “such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (Sth Cir. 1998).
Retrieving the full opinion text from the archive…
Robert DAVIS, Plaintiff-Appellant,
v.
Wayne SCOTT, Director, Et Al., Defendants, v. UNIDENTIFIED DAWSON, Correction Officer III; Unidentified Crowder, Correction Officer, III, Defendants-Appellees
97-41237.
Court of Appeals for the Fifth Circuit.
Oct 22, 1998.
157 F.3d 1003
1998 U.S. App. LEXIS 27968
1998 WL 695978
Robert Davis, Huntsville, TX, pro se., Jean Shieh Wong, Austin, TX, for Defendants-Appellees.
Garza, Jones, Demoss.
Cited by 221 opinions  |  Published
EDITH H. JONES, Circuit Judge:

Appellant Robert Davis, a Texas prisoner, sued prison guards and their supervisors, alleging unconstitutional conditions of confinement in a crisis management cell at the Coffield Unit. After an evidentiary hearing, the magistrate judge dismissed with prejudice Davis’s pro se, in forma pauperis complaint pursuant to 28 U.S.C. § 1915. We affirm the dismissal because Davis has failed to assert a claim cognizable under the Eighth Amendment.

I

On May 14, 1996, defendant Officers Dawson and Crowder took Davis to a “crisis management cell” for “throwing liquid substances on the officers.” (Spears hearing transcript at 4.) Because the cell had no light and electrical wires were hanging from the outlet, Davis asked to be put in a different cell. The second management cell to which he was taken was, according to Davis, “just filthy,” with “blood on the walls and excretion on the floors and bread loaf on the floor.” (Id. at 5.) Although Davis complained about this cell as well, he was given cleaning supplies and kept in the cell for three days.

Davis’s suit alleged that the conditions in the management cells “bring[] forth hatred and hostility,” but the officers “are not trained to handle [the resulting] psye[h]otic situations.” (R. 4.) Davis sought punitive and psychological damages. He also asked that the management cells be abolished and that the staff be trained adequately “to deal[*1005] with and confront psychological problems.” (R. 3.)

Davis’s ease was transferred to a magistrate judge for pretrial purposes. At an evidentiary hearing held pursuant to Spears v. McCotter, 766 F.2d 179 (5th Cir.1985), Davis consented to proceed to final judgment before the magistrate judge. See 28 U.S.C. § 636(c). At this hearing, the magistrate judge reconfirmed Davis’s allegations about the management cells. The magistrate judge did not specifically ask Davis whether he had suffered any physical injury due to the conditions of the management cells. [1] With an eye to Thompkins v. Belt, 828 F.2d 298, 303-04 (5th Cir.1987), the magistrate judge focused on the personal involvement of various defendants ranging from the ranking lieutenant for the day to the attorney general.

After the Spears hearing, the magistrate judge dismissed Davis’s claims against all defendants except the two officers who placed Davis in the management cell. Davis does not appeal that decision.

After one of the remaining defendants filed an answer, the .magistrate judge dismissed as frivolous all of Davis’s claims because he had failed to allege a physical injury. In his memorandum opinion, the magistrate judge took note of medical records “provided by the prison system.” (R. 59.) The records showed that Davis voiced no complaints to the nurses who passed by Davis’s management cell on each of the days he was confined there.

In his appeal, Davis contends that the magistrate judge failed to ask him what injury he had suffered, and also that the magistrate judge improperly relied upon prison medical records to dispute his Spears hearing testimony. For the first time, on appeal, Davis argues that the nurses had passed by the management cells without waking him, that he was nauseous at the time, and that he would have needed to be “bleeding profusdely [sic ] to get medical attention” while in the management cells. (Appellant’s Brief at 3.)

II.

An in forma pauperis complaint may be dismissed as frivolous if it lacks an arguable basis in law or fact. See Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir.1997). “A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” McCormick v. Stalder, 105 F.3d 1059, 1061 (5th Cir.1997) (internal quotation omitted). We review the lower court’s decision to dismiss under § 1915 for abuse of discretion. See Siglar, 112 F.3d at 191. The lower court may abuse its discretion by" providing insufficient opportunity for the plaintiff to develop his claims. See Eason v. Thaler, 14 F.3d 8, 9 (5th Cir.1994).

III.

The magistrate judge held that Davis’s claim for psychological damages must meet the Prison Litigation Reform Act’s requirement of physical injury: “No federal civil action may be brought by a prisoner ... for mental or emotional injury suffered while in custody without a prior showing of physical injury.” 42 U.S.C. § 1997e(e).

We have maintained a distinction between an underlying Eighth Amendment claim and a claim for emotional suffering. See Siglar, 112 F.3d at 193-94. Nevertheless, this court may affirm a judgment upon any basis supported by the record. See Sojourner T v. Edwards, 974 F.2d 27, 30 (5th Cir.1992). The magistrate judge did not abuse his discretion in developing or dismissing Davis’s complaint because Davis’s claims did not rise to an Eighth Amendment violation.

This is quite a different thing from saying that the magistrate judge has a duty to interrogate the pro se plaintiff in such a way as to exhaust conceivable causes of action. The magistrate judge has no such duty. Instead, the Spears procedure affords the plaintiff an opportunity to verbalize his complaints, in a manner of communication[*1006] more comfortable to many prisoners. But the plaintiff remains the master of his complaint and is, in the end, the person responsible for articulating the facts that give rise to a cognizable claim. Davis never alleged physical injury.

Like other Eighth Amendment claims, a conditions-of-confinement claim must satisfy tests for both objective and subjective components. See Hudson v. McMillian, 503 U.S. 1, 8, 112 S.Ct. 995, 999, 117 L.Ed.2d 156 (1992). For the objective component, “extreme deprivations are required to . make out a conditions-of-confinement claim.” Id. at 9, 112 S.Ct. at 1000. We need not reach the subjective component because Davis’s claim does not objectively demonstrate a sufficiently extreme deprivation.

Davis did not suffer an extreme deprivation of any “minimal civilized measure of life’s necessities.” Wilson v. Seiter, 501 U.S. 294, 304, 111 S.Ct. 2321, 2327, 115 L.Ed.2d 271 (1991). The Supreme Court has noted that “the length of confinement cannot be ignored- A filthy, overcrowded cell ... might be tolerable for a few days and intolerably cruel for weeks or months.” Hutto v. Finney, 437 U.S. 678, 686-87, 98 S.Ct. 2565, 2571, 57 L.Ed.2d 522 (1978). Davis was confined in the management cell for only three days. Cf. Smith v. Copeland, 87 F.3d 265, 269 (8th Cir.1996) (no Eighth Amendment violation when prisoner was exposed for four days to raw sewage from an overflowed toilet in his cell). Furthermore, cleaning supplies were made available to Davis, mitigating any intolerable conditions. See Shakka v. Smith, 71 F.3d 162, 167-68 (4th Cir.1995) (no Eighth Amendment injury when prisoner was given water and cleaning supplies but denied a shower for three days after having human excrement thrown on him); Whitnack v. Douglas County, 16 F.3d 954, 958 (8th Cir.1994) (“intolerable conditions lasted not more than 24 hours before the availability of adequate cleaning supplies could make them tolerable”).

Regardless of his claim on appeal to have been nauseous, Davis has not alleged the sort of “deprivation of facilities for elementary sanitation” that we have observed gives rise to unconstitutional confinement. See Daigre v. Maggio, 719 F.2d 1310, 1312 (5th Cir.1983).

IV.

Because the magistrate judge adequately developed the record and Davis failed to allege a sufficiently extreme deprivation to make out a conditions-of-confinement claim, the dismissal of Davis’s complaint is AFFIRMED.

AFFIRMED. -

1

. The appellees state that "there is no indication that the court failed to ask him about his injuries” (Appellees’ Brief at 3), but the transcript of the Spears hearing demonstrates that Davis was not asked about his injuries.