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Kent v. Prasse

United States Court of Appeals, Third Circuit
Nov 14, 1967
385 F.2d 406 (3d Cir. 1967)

Summary

holding that tort committed by a state official under color of state law is not, in and of itself, sufficient to show an invasion of a person's constitutional rights under § 1983

Summary of this case from Gilmore v. Veshecco

Opinion

No. 16604.

Argued November 2, 1967.

Decided November 14, 1967.

Harry Alan Sherman, Pittsburgh, Pa., for appellant.

Frank P. Lawley, Jr., Deputy Atty. Gen., Dept. of Justice, Harrisburg, Pa. (William C. Sennett, Atty. Gen., Harrisburg, Pa., on the brief), for appellees.

Before McLAUGHLIN, GANEY and SEITZ, Circuit Judges.


OPINION OF THE COURT


The appellant ("plaintiff") appeals from an order granting defendants' motion to dismiss his complaint. Plaintiff's complaint alleged that while a state prisoner he was forced to work on a press which was dangerous and unfit and which had previously been condemned to the knowledge of the prison officials. While working thereon he was injured for which he has received no compensation from the State of Pennsylvania and for which he may not sue the state under its law.

The plaintiff bottomed his complaint on the Civil Rights Act ( 42 U.S.C. § 1983). The defendants below were the Commissioner of Corrections and other officials of or employees connected with the state prison where appellant was injured. The district court held that the complaint failed to state a claim upon which relief could be granted. It concluded that the acts complained of did not subject plaintiff to the deprivation of rights guaranteed him by the Constitution and laws of the United States. We agree with the conclusion of the district court.

Plaintiff claims that he has been deprived of a property right in his physical health without compensation and without due process. We do not believe the failure of the State of Pennsylvania to provide compensation for an injury thus incurred constitutes a deprivation of a constitutionally protected property right. In any event, such a deprivation would be the work of the state, not these defendants.

Nor are we able to perceive that a tort committed by a state official acting under color of law is, in and of itself, sufficient to show an invasion of a person's right under the Act. While not dispositive, we note that there is no allegation that defendants violated any state criminal law or acted out of bad motive. Nor it is alleged that any state law was not enforced by the defendants. Compare Monroe v. Pape, 365 U.S. 167, 186, 81 S.Ct. 473, 5 L.Ed.2d 492 (1960). It is most regrettable that the State of Pennsylvania does not provide a remedy here. Indeed, if the matter is brought to its attention, we would think the Legislature might well authorize the filing of an appropriate action. However, we cannot find that the claim here asserted is cognizable under the Civil Rights Act.

The judgment of the district court will be affirmed.


Summaries of

Kent v. Prasse

United States Court of Appeals, Third Circuit
Nov 14, 1967
385 F.2d 406 (3d Cir. 1967)

holding that tort committed by a state official under color of state law is not, in and of itself, sufficient to show an invasion of a person's constitutional rights under § 1983

Summary of this case from Gilmore v. Veshecco

In Kent v. Prasse, 385 F.2d 406 (CA3 1967) (per curiam), for example, a state prisoner was forced to work on a faulty machine, sustained an injury, and brought suit against prison officials.

Summary of this case from Parratt v. Taylor

In Kent v. Prasse, supra, the Third Circuit faced a claimed deprivation of procedural due process by prison officials based on the failure of a State to provide a tort remedy for official negligence — the exact claim validated by the Court today.

Summary of this case from Parratt v. Taylor

In Kent v. Prasse, 385 F.2d 406 (3d Cir. 1967) (approvingly discussed by Justice Powell in his separate opinion in Parratt, 451 U.S. at 550-51, 101 S.Ct. at 1920-21), we held that a tort committed by a state official acting under color of state law is not, in and of itself, sufficient to show an invasion of a person's constitutional rights under § 1983.

Summary of this case from Davidson v. O'Lone

In Kent v. Prasse, 385 F.2d 406 (3 Cir. 1967) we held that a tort committed by a state official acting under color of law is not, in and of itself, sufficient to show an invasion of a person's rights under the Act.

Summary of this case from U.S. ex rel. Gittlemacker v. Philadelphia
Case details for

Kent v. Prasse

Case Details

Full title:James Henry KENT, Appellant, v. Arthur T. PRASSE, Commissioner of…

Court:United States Court of Appeals, Third Circuit

Date published: Nov 14, 1967

Citations

385 F.2d 406 (3d Cir. 1967)

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