United States Eleventh Circuit

Dismissal of inmate-plaintiff's civil rights action under 42 U.S.C. section 1983 against defendant, a prison guard, for failure to state a claim and for failure to name the correct defendant in a due process claim is vacated where plaintiff stated a claim under privacy rights jurisprudence and for retaliation under the First Amendment.

Appellate Information

• Decided 01/27/2006
• Published 01/27/2006

Judges

• BIRCH, Circuit Judge:, Before BIRCH, HULL and BOWMAN, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Michael N. Loebl (Court-Appointed), Fulcher Hagler, LLP, Augusta, GA, for Plaintiff-Appelllant.


• For Appellees:
  
• Jacqueline Faye Bunn, Dept. of Law, Atlanta, GA, for Defendant-Appellee.