Cunningham v. Dist. Atty.'s Office for Escambia County, No. 07-10808

In a 42 U.S.C. section 1983 action by a prisoner seeking an order requiring Alabama authorities to send certain evidence to a forensic laboratory of plaintiff's choice for DNA testing, dismissal of the complaint is affirmed where: 1) there was no evidence that a stand-alone claim in Alabama state court seeking DNA testing would fail as a matter of law at the pleading stage; 2) an Alabama Court of Criminal Appeals majority appeared to recognize that a properly presented Alabama Rule of Criminal Procedure 32 petition could be used to seek discovery of physical evidence for DNA testing; and 3) plaintiff failed to meet the actual injury requirement necessary for stating a claim for denial of access to the courts.

Read Cunningham v. Dist. Atty.'s Office for Escambia County, No. 07-10808

Appellate Information

Filed January 6, 2010

Judges

Opinion by Judge Carnes