Opinion · Court of Appeals for the Fourth Circuit

Robert Louis Roseboro v. Sam P. Garrison, Individually and in His Official Capacity as Warden of Central Prison

Robert Louis Roseboro v. Sam P. Garrison, Individually & in His Off. Capacity as Warden of Cent. Prison, 528 F.2d 309 (4th Cir. 1975)

Type
Opinion
Court
Court of Appeals for the Fourth Circuit
Jurisdiction
Federal
Date
1975-10-15
Topic
bankruptcy

How later courts describe this case

  • holding that a court must warn pro se plaintiffs that failure to oppose a motion can result in dismissal
  • holding that a pro se litigant must receive notice of the possibility of summary disposition st his case
  • holding that a pro se litigant must receive notice of the possibility of summary disposition of his case
  • holding that pro se litigants must be notified of right or responsibility to respond to dispositive motion before dismissing case
  • recognizing that pro se litigants must be notified of their right to respond to summary judgment requests
  • holding that court must provide notice of requirements of summary judgment rule before granting summary judgment against pro se litigant
  • holding that district courts must advise self-represented plaintiffs of the right to file extra-pleading materials when a defendant moves for summary judgment
  • holding that a pro se plaintiff must be informed of the potential consequence of summary judgment proceedings and his right to file responsive materials

Citator

UpLaw has not yet analyzed Robert Louis Roseboro v. Sam P. Garrison, Individually and in His Official Capacity as Warden of Central Prison. The absence of a flag is not a finding that it is good law.

Cited by
2557 opinions
ROSEBORO v. GARRISON,528 F.2d 309(4th Cir. 1975)
ROBERT LOUIS ROSEBORO, APPELLANT v. SAM P. GARRISON, INDIVIDUALLY AND IN
HIS OFFICIAL CAPACITY AS WARDEN OF CENTRAL PRISON, APPELLEE.
No. 75-1082.
United States Court of Appeals, Fourth Circuit.
Argued June 10, 1975.
Decided October 15, 1975.
Page 310
Jacob L. Safron, Asst. Atty. Gen., N.C. and (Rufus L. Edmisten, Atty. Gen., N.C., on brief) for appellee.

Roy T. Stuckey, Columbia, S.C. [Court-assigned counsel], for appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. F. T. Dupree, Jr., District Judge.
Before RUSSELL, FIELD and WIDENER, Circuit Judges.
PER CURIAM:
[1] Robert Louis Roseboro, an inmate of the Central Prison in Raleigh, North Carolina, instituted this action under42 U.S.C. § 1983seeking declaratory and injunctive relief as well as damages for alleged violations of his constitutional rights. The district court granted the defendant's motion for summary judgment and upon this appeal Roseboro contends that summary disposition of his case was improper.

[2] Three of the allegations of Roseboro'spro secomplaint were directed at his custody classification and consequent transfer from Polk Youth Center to Central Prison, and the remaining allegations challenge his segregation from the general prison population, the conduct of the prison guards and the failure to furnish him certain medical treatment. In support of his summary motion the defendant submitted his own affidavit, together with the affidavits of other members of the prison staff bearing upon the allegations of the complaint. Finding that the affidavits were in compliance with Rule56(e) of the Federal Rules of Civil Procedure, and noting that the plaintiff had failed to file any counter-affidavit controverting those submitted by the defendant, the district court concluded that summary judgment was appropriate.

[3] InWooten v. Shook,527 F.2d 976(4 Cir. 1975), we stated that "[w]hile we do not hold that an evidentiary hearing is required in every case such as this, the district court should ordinarily require that a dismissal or summary motion be supported by affidavit or other material sufficiently demonstrating that there is no factual issue and that dismissal is appropriate as a matter of law." In the present case, of course, the defendant has met this requirement and if this were an ordinary civil action the failure of Roseboro to file any counter-affidavit would warrant the entry of summary judgment. We agree with the plaintiff, however, that there is another side to the coin which requires that the plaintiff be advised of his right to file counter-affidavits or other responsive material and alerted to the fact that his failure to so respond might result in the entry of summary judgment against him. In our opinion the appropriate rule was set forth inHudson v. Hardy,134 U.S.App. D.C. 44,412 F.2d 1091,1094(1968), where the court stated:
"We hold that before entering summary judgment against appellant, the District Court, as a bare minimum, should have provided him with fair notice of the requirements of the summary judgment rule. We stress the need for a form of notice sufficiently understandable to one in appellant's circumstances fairly to apprise him of what is required."


[4] Assuredly, apro seplaintiff is entitled to such a reasonable safeguard when confronted with the possibility of summary disposition of his case.

[5] Since Roseboro was not represented by counsel in this case and there is nothing in the record to indicate that he was notified of his right or responsibility with respect to the defendant's motion, the judgment of the district court must be reversed and the case remanded for further proceedings consistent with this opinion.

[6]Reversed and remanded.Page 311