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HAYES v. WIMBERLY

January 15, 1986

ROOSEVELT HAYES Plaintiff
v.
SGT. WIMBERLY, SGT. DENSMORE, OFFICER CONNER and OFFICER MONCRIEF as Individuals and in their Individual Capacities, DEFENDANTS



The opinion of the court was delivered by: WOODS

 Background

 This case is not the last of a long series of cases filed by the plaintiff in the United States District Court for the Eastern District of Arkansas. It is a safe prediction that many more will be filed. Part of plaintiff's life sentence begun in 1977 has been served in Florida under the terms of the Interstate Compact. Although Hayes in his numerous complaints has leveled many broadsides against the Arkansas prison system, it is significant that "Hayes requested to be returned to Arkansas, and this request was granted." Hayes v. Lockhart, et al, 754 F.2d 281, 282 (8th Cir. 1985). Hayes has been a serious and ongoing disciplinary problem at the Arkansas penitentiary. After he returned from Florida, he was placed in administrative segregation. "Initially Hayes was assigned to administrative segregation because he was a threat to security and because he was a danger to the other inmates and therefore it appears that the prison officials acted reasonably in placing him in administrative segregation immediately upon his return to Arkansas." Id. at 283. The list of the Hayes cases in chronological order is as follows:

 
1. Hayes v. Arnt (PB-C-80-248). Dismissed by Judge Roy on recommendation of Magistrate Henry Jones.
 
2. Hayes v. Housewright (PB-C-81-33). Dismissed by Judge Woods and affirmed by Court of Appeals on June 4, 1982. 685 F.2d 438 (8th Cir. 1982).
 
3. Hayes v. Lockhart, et al (PB-C-82-81). Dismissed by Judge Woods, affirmed by Court of Appeals on July 9, 1985, 766 F.2d 1247 (1985).
 
4. Hayes v. Lockhart (PB-C-82-319). Dismissed with prejudice by Judge Roy. Affirmed except as to one issue, on which plaintiff should be permitted to exhaust state remedies, Hayes v. Lockhart, 754 F.2d 281 (8th Cir. 1985). Remand issue dismissed by Judge Roy on March 14, 1985.
 
5. Hayes v. Laveaux (PB-C-83-250). Dismissed by Judge Woods on August 10, 1983.
 
6. Hayes v. Morgan, et al (PB-C-84-190). Dismissed after trial by Judge Woods on December 14, 1984.
 
7. Hayes v. Wimberly, et al (PB-C-85-116). Tried by Judge Woods on January 6, 1986 (instant case). Judgment of dismissal herewith.
 
8. Hayes v. Lockhart, et al (PB-C-85-164). Dismissed by Judge Overton. Attempted appeal to Court of Appeals dismissed on June 27, 1985 by Court of Appeals for lack of probable cause.
 
9. Arbaugh and Hayes, et al v. Lockhart, et al (PB-C-85-404). Co-plaintiff with others; pending before Woods.

 Plaintiff has conducted all of this litigation in forma pauperis. He has succeeded in none of these cases. The cost in court time and expense has been considerable both for the judges and their staffs in the Eastern District of Arkansas, as well as for the judges of the Court of Appeals. In the present case brought pursuant to 42 U.S.C. § 1983, the plaintiff claims that he was subjected to cruel and unusual punishment and to unlawful violence contrary to the Eighth and ...


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