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    Anthony Hamilton-Smith v. Western New Mexico Correctional Facility, Education Department, 991 F.2d 805, 10th Cir. (1993)

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    The document is a court order from the United States Court of Appeals for the Tenth Circuit regarding a case brought by Anthony Hamilton-Smith against a correctional facility. The order affirms the district court's dismissal of Hamilton-Smith's complaint with prejudice. Hamilton-Smith claimed that requiring him to attend literacy classes violated his Eighth Amendment rights, given his advanced education. However, the court found that the state was immune from suit under the Eleventh Amendment and that the literacy requirement did not constitute cruel and unusual punishment. The Tenth Circuit affirmed the district court's dismissal as the complaint was based on inarguable legal theories.

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    Anthony Hamilton-Smith v. Western New Mexico Correctional Facility, Education Department, 991 F.2d 805, 10th Cir. (1993)

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    The document is a court order from the United States Court of Appeals for the Tenth Circuit regarding a case brought by Anthony Hamilton-Smith against a correctional facility. The order affirms the district court's dismissal of Hamilton-Smith's complaint with prejudice. Hamilton-Smith claimed that requiring him to attend literacy classes violated his Eighth Amendment rights, given his advanced education. However, the court found that the state was immune from suit under the Eleventh Amendment and that the literacy requirement did not constitute cruel and unusual punishment. The Tenth Circuit affirmed the district court's dismissal as the complaint was based on inarguable legal theories.

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    Filed: 1993-03-30 Precedential Status: Precedential Citations: 991 F.2d 805 Docket: 92-2188

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    The document is a court order from the United States Court of Appeals for the Tenth Circuit regarding a case brought by Anthony Hamilton-Smith against a correctional facility. The order affirms the district court's dismissal of Hamilton-Smith's complaint with prejudice. Hamilton-Smith claimed that requiring him to attend literacy classes violated his Eighth Amendment rights, given his advanced education. However, the court found that the state was immune from suit under the Eleventh Amendment and that the literacy requirement did not constitute cruel and unusual punishment. The Tenth Circuit affirmed the district court's dismissal as the complaint was based on inarguable legal theories.

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    Download as PDF or read online from Scribd
    Download as pdf
    7 views2 pages

    Anthony Hamilton-Smith v. Western New Mexico Correctional Facility, Education Department, 991 F.2d 805, 10th Cir. (1993)

    Uploaded by

    Scribd Government Docs
    The document is a court order from the United States Court of Appeals for the Tenth Circuit regarding a case brought by Anthony Hamilton-Smith against a correctional facility. The order affirms the district court's dismissal of Hamilton-Smith's complaint with prejudice. Hamilton-Smith claimed that requiring him to attend literacy classes violated his Eighth Amendment rights, given his advanced education. However, the court found that the state was immune from suit under the Eleventh Amendment and that the literacy requirement did not constitute cruel and unusual punishment. The Tenth Circuit affirmed the district court's dismissal as the complaint was based on inarguable legal theories.

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    of 2

    991 F.

    2d 805
    NOTICE: Although citation of unpublished opinions remains unfavored,
    unpublished opinions may now be cited if the opinion has persuasive value on a
    material issue, and a copy is attached to the citing document or, if cited in oral
    argument, copies are furnished to the Court and all parties. See General Order of
    November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
    further order.

    Anthony HAMILTON-SMITH, Plaintiff-Appellant,


    v.
    WESTERN NEW MEXICO CORRECTIONAL FACILITY,
    EDUCATION
    DEPARTMENT, Defendant-Appellee.
    No. 92-2188.

    United States Court of Appeals, Tenth Circuit.


    March 30, 1993.

    Before TACHA, BALDOCK and KELLY, Circuit Judges.*


    ORDER AND JUDGMENT**
    PAUL KELLY, Jr., Circuit Judge.

    Mr. Hamilton-Smith, appearing pro se and in forma pauperis, appeals the


    dismissal of his 42 U.S.C. 1983 complaint with prejudice. Mr. HamiltonSmith sought monetary damages, and later equitable relief, against the
    defendant correctional institution on the grounds that he had been required to
    attend literacy classes. Prior to his criminal activities, Mr. Hamilton-Smith
    claims that he attained an exemplary college education, complete with
    advanced degrees, and that literacy classes in his case are ludicrous and in
    violation of the Eighth Amendment. The former may well be true, but the latter
    claim will not be successful in this case because the State is immune from suit
    in federal court under the Eleventh Amendment. See Port Authority TransHudson Corp. v. Feeney, 495 U.S. 299, 304 (1990); Kentucky v. Graham, 473
    U.S. 159, 167 n. 14 (1985). Additionally, the events complained of simply
    cannot constitute deliberate indifference which results in the unnecessary and

    wanton infliction of pain necessary to a claim of cruel and unusual punishment.


    See Wilson v. Seiter, 111 S.Ct. 2321, 2326 (1991). The district court properly
    dismissed the complaint with prejudice as based on inarguable legal theories.
    See Denton v. Hernandez, 112 S.Ct. 1728, 1733 (1992); Neitzke v. Williams,
    490 U.S. 319, 327 (1989).
    2

    AFFIRMED. The motion for issuance of letters rogatory is DENIED. The


    mandate shall issue forthwith.

    After examining the briefs and appellate record, this panel has determined
    unanimously that oral argument would not materially assist the determination
    of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The cause therefore
    is ordered submitted without oral argument

    **

    This order and judgment has no precedential value and shall not be cited, or
    used by any court within the Tenth Circuit, except for purposes of establishing
    the doctrines of the law of the case, res judicata, or collateral estoppel. 10th
    Cir.R. 36.3

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