Fifth Circuit Reverses Dismissal of Suit Against Prison Contractor
The U.S. Fifth Circuit Court of Appeals held in an unpublished opinion that
a prisoner's lawsuit against a private prison operator should not have been
dismissed on Eleventh Amendment immunity grounds.
While confined in a prison operated by Cornell Corrections Corporation
(CCC), Charles Akomolafe Abayomi was attacked by a gang of Mexican
prisoners. Abayomi subsequently brought a pro se 42 U.S.C. § 1983 action
against CCC, the prison director and the City of Big Springs (Texas),
alleging they were liable for failing to prevent the attack.
The U.S. District Court for the Western District of Texas dismissed
Abayomi's claim against CCC, noting that the company was an
"instrumentality of the state" and therefore entitled to Eleventh Amendment
immunity. Abayomi moved for reconsideration.
The Fifth Circuit reversed and remanded, holding that it had not yet
decided whether Eleventh Amendment immunity applied to a private operator
of a state prison. Therefore, the district court's dismissal of Abayomi's
action "on this ground as frivolous and for failure to state a claim upon
which relief could be granted" was erroneous and warranted further
consideration. This ruling is unpublished. See: Abayomi v. Cornell
Corrections Corporation., 67 Fed.Appx. 242 (5th Cir. 2003).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Abayomi v. Cornell Corrections Corporation
| Year | 2003 |
|---|---|
| Cite | 67 Fed.Appx. 242 (5th Cir. 2003). |
| Level | Court of Appeals |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |
02-50993
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
67 Fed. Appx. 242; 2003 U.S. App.
April 22, 2003, Decided
NOTICE: [*1] DECISION WITHOUT PUBLISHED OPINION
PRIOR HISTORY: United States District Court for the Western District of Texas. EP-02-CV-122-PRM.
OPINION:
Reversed