Hernandez v. Denton
United States Court of Appeals for the Ninth Circuit
861 F.2d 1421 (1988)
- Written by Elliot Stern, JD
Facts
Mike Hernandez (plaintiff) was a prisoner who filed lawsuits against prison officials (defendants) from several different prisons. Hernandez alleged that he had been drugged and raped numerous times at the prisons by other inmates and by unidentified prison guards. Hernandez also alleged that the guards had allowed other prisoners to enter his cell to rape him. Hernandez claimed he had found needle marks on his arms on several mornings, leading him to believe he had been drugged. Likewise, he claimed as evidence of rape that he had found feces on his undergarments and that he had skin problems. The district court dismissed the rape allegations as frivolous. Hernandez appealed.
Rule of Law
Issue
Holding and Reasoning (Schroeder, J.)
Dissent (Aldisert, J.)
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