HARPER v. SHOWERS

No. 97-60822.

174 F.3d 716 (1999)

Roy Randall HARPER, Plaintiff-Appellant, v. Kim SHOWERS; Ed Hargett; Raymond Roberts; Barry Parker; Robert Armstrong; Rayford Jones; Bobby Butler; Steve W. Puckett, Commissioner, Mississippi Department of Corrections; Earl Jackson, Case Manager Supervisor; Ann L. Lee, Director Classification; Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 24, 1999.


Attorney(s) appearing for the Case

Roy Randall Harper, Parchman, MS, pro se.

Before SMITH, DeMOSS and STEWART, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Roy Randall Harper appeals the dismissal of his 42 U.S.C. § 1983 suit as frivolous. Because the district court properly dismissed part of the action but failed adequately to address a claim that arguably states a constitutional violation, we affirm in part, reverse in part, and remand for further proceedings.

I.

Harper alleges that, since an escape attempt after which he was placed in a front cell where he could...

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