Rocky v. King

900 F.2d 864 (1990)

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Rocky v. King

United States Court of Appeals for the Fifth Circuit
900 F.2d 864 (1990)

Facts

Robert G. Rocky (Rocky) (plaintiff) was an inmate at the Louisiana State Penitentiary in Angola, Louisiana (Angola) (defendant). Rocky had been assigned to field work before Rocky had eye surgery and developed glaucoma. Rocky sought class certification in federal district court on behalf of all similarly situated inmates who worked in the fields at Angola to pursue federal civil-rights claims against Angola for insanitary practices that denied the inmates access to toilets, toilet paper, and hand-washing facilities in the fields. Rocky was removed from field work before he filed his motion for class certification and before the district court denied his motion. Thereafter, the district court granted Angola’s motion for summary judgment and dismissed the case. Rocky appealed. Although both parties mentioned mootness in their appellate briefs, the circuit court of appeals raised the issue of mootness sua sponte (on its own). On appeal, Rocky argued that his claim was not moot because, although he was no longer a field worker, his exposure to field workers and food the field workers may have defecated on put him at risk of resulting parasites spreading to him.

Rule of Law

Issue

Holding and Reasoning (Garwood, J.)

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