Deloach v. Rogers
Decision Date | 30 July 1959 |
Docket Number | No. 17665.,17665. |
Parties | A. E. DELOACH, Appellant, v. Candler ROGERS and Mark Dukes (Dora S. Rogers as Administratrix of the estate of Candler Rogers, deceased, substituted as party appellee in place of Candler Rogers, deceased), Appellees. |
Court | U.S. Court of Appeals — Fifth Circuit |
Aaron Kravitch, Savannah, Ga., for appellant.
Alex A. Lawrence, Savannah, Ga., for appellees.
Before RIVES, CAMERON and JONES, Circuit Judges.
After the beating, the appellant alleged, he was taken to jail and thereafter released on bond, but no charge has been lodged against him and he has not been brought to trial.
Damages were claimed for severe and permanently disabling physical injuries, and for suffering and shock to the appellant's nervous system. Punitive damages and attorneys' fees were sought. The acts recited were stated to be in violation of Article 4, Section 2, of the United States Constitution and the Fourth, Fifth and Fourteenth Amendments. Federal jurisdiction was asserted under 28 U.S.C.A. § 1343.1
By an amendment to the complaint the appellant said that the action of the state officers in assaulting and restraining him, he being a United States citizen, was under the guise of their offices and was an action of the State against him. It was also averred in the amendment that the action of the officers was in pursuance of a conspiracy to intimidate and frighten him from exercising his rights as an American citizen in defending his property and exercising freedom of speech. There were no factual averments in the amendment. Rogers and Dukes filed a motion to dismiss the action upon the ground that the Court had no jurisdiction. The motion was granted and an order of dismissal was entered. This appeal followed.
The facts which the appellant has pleaded allege, at the most, a cause of action asserted by a citizen of Georgia against other citizens of the same State for false arrest and for assault and battery incident to the arrest. Nothing more than this can be made of the case by references to Constitutional provisions or by recitals of the Federal Civil Rights Acts.
Jurisdiction has not been conferred upon the Federal district courts for the redress of every violation of rights guaranteed by the United States Constitution. Every question arising under the Constitution may, if properly raised in a state court, come ultimately to the Supreme Court of the United States for a decision. Hague v. Committee for Industrial Organization, 307 U.S. 496, 59 S.Ct. 954, 83 L.Ed. 1423.
It may be said here, as this Court has heretofore said:
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