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Jordan v. Jones

United States Court of Appeals, Fifth Circuit
Nov 14, 1977
563 F.2d 148 (5th Cir. 1977)

Summary

In Jordan v. Jones, 563 F.2d 148 (5th Cir. 1977), an individual inmate brought a civil rights action claiming deprivations at a county jail.

Summary of this case from Kost v. Kozakiewicz

Opinion

No. 77-2721. Summary Calendar.

Rule 18, 5 Cir., Isbell Enterprises, Inc. v. Citizens Casualty Company of New York, et al., 5 Cir., 1970, 431 F.2d 409, Part I.

November 14, 1977.

Henry M. Wade, Dist. Atty., Dallas, Tex., for defendant-appellee.

Appeal from the United States District Court for the Northern District of Texas.

Before COLEMAN, GODBOLD and TJOFLAT, Circuit Judges.



Appellant Jordan brought a civil rights action claiming deprivations at the Dallas County, Texas, jail. The District Court dismissed on the ground that the claims asserted were similar to those involved in a class action previously decided by the court and over which it had retained jurisdiction, Taylor v. Sterrett, 344 F. Supp. 411 (N.D. Tex. 1972), and that plaintiff counsel in that case are competent to represent the interests of the Taylor class and can raise in the class suit any new matters that might be presented by this plaintiff's complaint. Some of Jordan's long litany of complaints are subsumed in the Taylor opinion and order, some are patently frivolous, but others fall in neither of these categories. The District Court could reopen the Taylor case and refer Jordan's complaints to plaintiff counsel therein for them to handle as attorneys for the class, or could consolidate the present case with the Taylor case. But it could not dismiss the present case on the basis that it presents issues which are similar to those in the class suit and could be presented in that suit. Also one of Jordan's allegations is that jail officials are not complying with the Taylor order. This has to be dealt with in some manner other than dismissal.

VACATED and REMANDED.


Summaries of

Jordan v. Jones

United States Court of Appeals, Fifth Circuit
Nov 14, 1977
563 F.2d 148 (5th Cir. 1977)

In Jordan v. Jones, 563 F.2d 148 (5th Cir. 1977), an individual inmate brought a civil rights action claiming deprivations at a county jail.

Summary of this case from Kost v. Kozakiewicz
Case details for

Jordan v. Jones

Case Details

Full title:ROBERT ALLEN JORDAN, PLAINTIFF-APPELLANT, v. CLARENCE JONES, SHERIFF…

Court:United States Court of Appeals, Fifth Circuit

Date published: Nov 14, 1977

Citations

563 F.2d 148 (5th Cir. 1977)

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