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ALSTON v. DeBRUYN

No. 91-3927.

13 F.3d 1036 (1994)

Byron ALSTON, Plaintiff-Appellant, v. H. Christian DeBRUYN, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 5, 1994.

Attorney(s) appearing for the Case

Dan Conley (argued), Quarles & Brady, Milwaukee, WI, for plaintiff-appellant.

Wayne E. Uhl, Deputy Atty. Gen. (argued), Office of the Atty. Gen., Federal Litigation, Indianapolis, IN, for defendants-appellees.

Wayne E. Uhl, Deputy Atty. Gen. and Pamela Carter, Asst. Atty. Gen., Office of the Atty. Gen., Federal Litigation, Indianapolis, IN, for amicus curiae.

Before CUMMINGS, BAUER and RIPPLE, Circuit Judges.

CUMMINGS, Circuit Judge.

Byron Alston, an Indiana state inmate, appeals the dismissal of his civil rights complaint as frivolous under 28 U.S.C. § 1915(d). This appeal questions the propriety of that dismissal, which was with prejudice and without leave to amend the complaint. We conclude that the district court abused its discretion in dismissing the complaint because Alston raised colorable claims and should have had the opportunity to cure the complaint's...

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