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Denman v. Wertz

United States Court of Appeals, Third Circuit
Feb 9, 1967
372 F.2d 135 (3d Cir. 1967)

Summary

affirming dismissal of father's civil rights claim when police had detained and returned minor children to their mother's custody because plaintiff had not established he himself was deprived of rights

Summary of this case from Delbridge v. Whitaker

Opinion

No. 15976.

Argued January 9, 1967.

Decided February 9, 1967. Rehearing Denied March 27, 1967.

Joseph Lurie, Philadelphia, Pa., for appellant.

Robert E. Dauer, Asst. City Sol., Pittsburgh, Pa. (David Stahl, City Sol., Pittsburgh, Pa., on the brief), for appellees Fred Schoettle, A.J. Larkin and E.N. Johnson.

Craig J. Stockdale, County Solicitor's Office, Pittsburgh, Pa. (Maurice Louik, County Solicitor, Pittsburgh, Pa., on the brief), for appellee K. Brown.

Before HASTIE, GANEY and SEITZ, Circuit Judges.


OPINION OF THE COURT


This appeal presents the question whether a complaint states a cause of action under the Civil Rights Acts of 1861 and 1871, R.S. §§ 1979, 1980, 42 U.S.C. § 1983, 1985. The complaint, drafted by a layman, charges various persons with a conspiracy to take the minor children of the plaintiff Denman from him and to surrender them to their mother, his estranged wife, from whom the plaintiff had taken them a short time before. The defendants are two Pittsburgh police officers and an Allegheny County probation officer who, acting in their official capacities, apprehended and detained the Denman children in Pennsylvania while they were en route from Ohio to Massachusetts in the custody of a friend of their father. The father had taken the children from their mother in Ohio and the Pennsylvania authorities surrendered them to her.

Beyond being prolix and inartificial, the complaint is inadequate as a statement of a claim under the old Civil Rights Acts. While counsel, retained after the filing of the action, have made every effort to bring their client's averments within the statutes in question, we have concluded that the facts alleged are insufficient to establish that Denman himself was deprived of "any rights, privileges, or immunities secured by the Constitution and laws" of the United States or "of the equal protection of the law, or of equal privileges and immunities under the laws", as those limiting phrases are used in the controlling statutes.

The judgment will be affirmed.


Summaries of

Denman v. Wertz

United States Court of Appeals, Third Circuit
Feb 9, 1967
372 F.2d 135 (3d Cir. 1967)

affirming dismissal of father's civil rights claim when police had detained and returned minor children to their mother's custody because plaintiff had not established he himself was deprived of rights

Summary of this case from Delbridge v. Whitaker

In Denman, a pro se father failed to allege sufficient facts to state a cause of action under Sections 1983 or 1985 against police officers and a probation officer who returned his minor children to the custody of their mother.

Summary of this case from Robert S. v. City of Philadelphia

In Denman v. Wertz, 372 F.2d 135 (3d Cir.), cert. denied, 389 U.S. 941, 88 S.Ct. 300, 19 L.Ed.2d 293 (1967), the Third Circuit upheld the dismissal of a complaint by a father charging interference with his parental relationship with his minor children on the grounds that the father had no constitutional right to parenthood.

Summary of this case from Gann v. Schramm
Case details for

Denman v. Wertz

Case Details

Full title:Nathaniel DENMAN and Jack Graiver v. William WERTZ et al., Nathaniel A…

Court:United States Court of Appeals, Third Circuit

Date published: Feb 9, 1967

Citations

372 F.2d 135 (3d Cir. 1967)

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