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Larnell Lee Dykes v. Mike Hill, Sheriff, Sedgwick County, Kansas John Doe (1), Administrator John Doe (2), Processing Officer

Citations: 36 F.3d 1105; 1994 WL 527004; 1994 U.S. App. LEXIS 33598Docket: 94-3101

Court: Court of Appeals for the Tenth Circuit; September 27, 1994; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by a prisoner who filed a 42 U.S.C. § 1983 action against a sheriff and unnamed officers, alleging violations of his Fourth Amendment rights, equal protection, and access to courts due to the confiscation of personal and legal items during a transfer to another correctional facility. The defendants moved for summary judgment, claiming the items were properly handled and accounted for, as evidenced by an inventory signed by the plaintiff. The court applied a de novo review and found no genuine issues of material fact, affirming the summary judgment. The plaintiff's allegations were deemed insufficient to establish a constitutional violation, as they were based on random, unauthorized acts and lacked evidence of specific prejudice or injury. The appellate court upheld the dismissal, rejecting claims of denial of discovery and counsel appointment, and found the Fourth Amendment and equal protection arguments unmeritorious. The order, while not a binding precedent, may be cited under specific conditions established in a General Order.

Legal Issues Addressed

Citation of Unpublished Opinions

Application: Unpublished opinions may be cited if they possess persuasive value and are provided with the citing document or during oral arguments.

Reasoning: Unpublished opinions may now be cited if they possess persuasive value and are attached to the citing document or provided during oral arguments.

Insufficiency of Vague Allegations in Opposing Summary Judgment

Application: Vague allegations without specific instances of denied access or impact do not suffice to oppose a summary judgment.

Reasoning: His vague allegations, made two years post-event, were deemed insufficient to oppose a summary judgment motion regarding the confiscation of documents during a facility transfer.

Requirement of Actual Prejudice in Access to Courts Claims

Application: A prisoner must demonstrate actual prejudice or injury in legal claims not involving inadequate law library access or legal assistance.

Reasoning: A prisoner must demonstrate actual prejudice or injury in legal claims not involving inadequate law library access or legal assistance, as established in Twyman v. Crisp and Sands v. Lewis.

Section 1983 Claims and Random Unauthorized Acts

Application: Random, unauthorized negligent acts do not support a Section 1983 claim.

Reasoning: Dykes’ allegations amount to random, unauthorized negligent acts, which do not support a Section 1983 claim.

Standards for Summary Judgment

Application: A de novo review applies, and summary judgment is appropriate when there are no genuine issues of material fact.

Reasoning: The court applies a de novo review standard for summary judgment, determining that judgment is appropriate when there are no genuine issues of material fact.