DEMPS v. WAINWRIGHT

No. 75-1611 Summary Calendar.

522 F.2d 192 (1975)

Bennie E. DEMPS, Plaintiff-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 29, 1975.


Attorney(s) appearing for the Case

Bennie E. Demps, pro se.

Robert L. Shevin, Atty. Gen., Miami, Fla., Thomas A. Harris, Asst. Atty. Gen., Dept. of Legal Affairs, Civil Div., Donna H. Stinson, Asst. Atty. Gen., Tallahassee, Fla., for defendants-appellees.

Before THORNBERRY, MORGAN and RONEY, Circuit Judges.


RONEY, Circuit Judge:

The district court dismissed without a hearing the pro se complaint of Bennie E. Demps, a prisoner of the State of Florida, wherein he sought declaratory and injunctive relief, and return of or compensation for property which he lost. The court below held that plaintiff's claims were not actionable under the Civil Rights Act, 42 U.S.C.A. § 1981 et seq. We reverse and remand for further proceedings.

The complaint alleges that...

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