United States Third Circuit

In an inmate's suit alleging violations of constitutional rights by corrections officers, order of dismissal is vacated and remanded where, when the district court does not have the facts necessary to conduct a full analysis of the relevant factors for dismissal under Fed. R. Civ. P. 41(b), it must provide a plaintiff with a full and fair opportunity to be heard regarding his failure to comply with the court's orders.

Appellate Information

• Argued 04/16/2008
• Decided 08/06/2008
• Published 08/06/2008

Judges

• Before:  AMBRO, FISHER and MICHEL, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Neelie S. Simmons (Argued), Jones Day, Pittsburgh, PA, Attorney for Appellant Orland Briscoe.


• For Appellees:
  
• David C. Dagle (Argued), Daniel K. Natirboff, Capozzi & Associates, Harrisburg, PA, Attorneys for Appellee, Kenneth Klaus., Raymond W. Dorian, Vincent R. Mazeski (Argued), Pennsylvania Department of Corrections, Office of Chief Counsel, Camp Hill, PA, Attorneys for Appellees, Martin Dragovich, Miller, Raymond Stender, Prave, Clifford Pelter, Paul Leggore, Moore, Aliarnello, Marsha Hancock, and Smith.