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    Whitehead v. Collier County, 10th Cir. (2005)

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    1) Roy Whitehead, a former prisoner, filed a civil rights lawsuit alleging that since participating in an evidentiary hearing in 1996 while in custody, he has been tortured by voices and visions which has denied his constitutional rights. 2) The district court granted Whitehead's request to proceed in forma pauperis but dismissed his complaint for failing to state a valid legal claim. 3) The appeals court affirmed the district court's dismissal, finding no error in the conclusion that Whitehead's allegations did not support a valid civil rights claim.

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    Whitehead v. Collier County, 10th Cir. (2005)

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    1) Roy Whitehead, a former prisoner, filed a civil rights lawsuit alleging that since participating in an evidentiary hearing in 1996 while in custody, he has been tortured by voices and visions which has denied his constitutional rights. 2) The district court granted Whitehead's request to proceed in forma pauperis but dismissed his complaint for failing to state a valid legal claim. 3) The appeals court affirmed the district court's dismissal, finding no error in the conclusion that Whitehead's allegations did not support a valid civil rights claim.

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    Filed: 2005-09-28 Precedential Status: Non-Precedential Docket: 05-2149

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    1) Roy Whitehead, a former prisoner, filed a civil rights lawsuit alleging that since participating in an evidentiary hearing in 1996 while in custody, he has been tortured by voices and visions which has denied his constitutional rights. 2) The district court granted Whitehead's request to proceed in forma pauperis but dismissed his complaint for failing to state a valid legal claim. 3) The appeals court affirmed the district court's dismissal, finding no error in the conclusion that Whitehead's allegations did not support a valid civil rights claim.

    Copyright:

    Public Domain
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    11 views2 pages

    Whitehead v. Collier County, 10th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    1) Roy Whitehead, a former prisoner, filed a civil rights lawsuit alleging that since participating in an evidentiary hearing in 1996 while in custody, he has been tortured by voices and visions which has denied his constitutional rights. 2) The district court granted Whitehead's request to proceed in forma pauperis but dismissed his complaint for failing to state a valid legal claim. 3) The appeals court affirmed the district court's dismissal, finding no error in the conclusion that Whitehead's allegations did not support a valid civil rights claim.

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    of 2

    F I L E D

    UNITED STATES COURT OF APPEALS


    TENTH CIRCUIT

    United States Court of Appeals


    Tenth Circuit

    September 28, 2005


    Clerk of Court

    ROY J. WHITEHEAD,
    Plaintiff-Appellant,
    v.
    COLLIER COUNTY SHERIFFS
    OFFICE,

    No. 05-2149
    (District of New Mexico)
    (D.C. No. CIV-05-374 WPJ/KBM)

    Defendant-Appellee.

    ORDER AND JUDGMENT *


    Before BRISCOE, LUCERO, and MURPHY, Circuit Judges.
    After examining appellants brief and the appellate record, this court has
    determined unanimously that oral argument would not materially assist the
    determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).
    The case is therefore ordered submitted without oral argument.

    This order and judgment is not binding precedent, except under the
    doctrines of law of the case, res judicata and collateral estoppel. The court
    generally disfavors the citation of orders and judgments; nevertheless, an order
    and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
    *

    Appellant Ray J. Whitehead, a former prisoner, filed a complaint pursuant


    to 42 U.S.C. 1983 in federal district court, asserting violations of his federal
    civil rights. Specifically, Whitehead alleged that since taking part in a 1996
    evidentiary hearing while he was in the custody of Defendant, he has been
    tortured by voices and visions. He further asserts that the alleged torture has
    resulted in the denial of his right to due process of law, access to the courts, and
    freedom of religion. In a motion filed with the district court, Whitehead stated
    that he was being tortured electronically by means of a cell phone in his
    teeth. The district court granted Whiteheads motion to proceed in forma
    pauperis but dismissed his complaint sua sponte pursuant to 28 U.S.C.
    1915(e)(2), concluding that it failed to state a claim. See Neitzke v. Williams, 490
    U.S. 319, 328 (1989). Whitehead appealed.

    We have reviewed the record, the appellate briefs, and the applicable law
    and conclude that the dismissal of Whiteheads 1983 complaint was proper.
    Accordingly, the district courts order dismissing Whiteheads complaint is
    affirmed for substantially the reasons stated in the district courts order dated
    May 12, 2005.
    ENTERED FOR THE COURT

    Michael R. Murphy
    Circuit Judge
    -2-

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