Carey v. Settle
| Citation | 351 F.2d 483 |
| Decision Date | 15 October 1965 |
| Docket Number | No. 17664.,17664. |
| Parties | James G. CAREY, Appellant, v. Dr. Russell O. SETTLE, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
James G. Carey, pro se.
F. Russell Millin, U. S. Atty., Kansas City, Mo., and Herbert W. Titus, Asst. U. S. Atty., Kansas City, Mo., for appellee.
Before JOHNSEN, VAN OOSTERHOUT and BLACKMUN, Circuit Judges.
The appeal is from an order of the District Court denying appellant leave to proceed in forma pauperis with an action filed by him to recover the sum of $92.89 from Dr. Settle, former warden of the Medical Center for Federal Prisoners, Springfield, Missouri.
Appellant is now a prisoner of the State of Michigan, but he had been an inmate of the Springfield Medical Center, and the claim asserted was for a pecuniary loss alleged to have been occasioned to him during Dr. Settle's wardenship.
What appellant sought to recover was the amount paid by him to the University of California for two extension courses, which he says the authorities of the Medical Center permitted him to purchase, but wrongfully deprived him of the opportunity to complete, and thus caused him to lose his cost or investment.
From the filed papers, it appears that appellant enrolled for the two courses in June, 1960, with a two-year limitation being placed by the University upon their completion. Appellant finished three assignments in one course and eleven in the other, with the last assignments sent in by him in both courses being in June, 1961. The diligence which he applied to "the pursuit of his education" during that period is described by him as having consisted in his remaining in his cell and devoting "every minute of the day from the time the lights went on until they went out, taking time out only to shower twice weekly and to eat his meals". Such application was possible on his part, he says, only because he was allowed to keep in his cell the seven textbooks furnished with the courses and five other personal books which he had and desired to use for reference purposes.
Ultimately, however, "some time during the month of July, 1961, after having declined countless invitations from the guards to leave his cell more often and participate in the recreation program of that section of the institution (which consisted of a chinning bar and seven hard-rubber horse shoes), the plaintiff was notified that under the provisions of a new committee action, promulgated that morning, prisoners were forbidden to keep more than five books in their cells". This, he alleges, made it impossible for him to continue with his courses, and he was later notified that all of the books would have to be mailed out of the institution or destroyed as constituting a fire hazard.
We are unable to see in this any such debatability of confinement control or penal consequence as to cause the institutional rule or regulation complained of to present a justiciable question on lawful administration of appellant's sentence. Thus, there is no room to regard the...
To continue reading
Request your trial
-
Roberts v. Pepersack
...1963), cert. denied, 376 U.S. 932, 84 S.Ct. 702, 11 L.Ed.2d 652 (1964)); "only in a rare and exceptional situation" (Carey v. Settle, 351 F.2d 483, 485 (7th Cir. 1965), Harris v. Settle, 322 F.2d 908, 910 (7th Cir. 1965)); unreasonable regulations (United States ex rel. Morris v. Radio Stat......
-
Anderson v. Nosser
...would support interference by a federal court. 370 F.2d at 363. We have made a like statement in many other cases. Carey v. Settle, 351 F.2d 483, 485 (8 Cir. 1965); Haynes v. Harris, 344 F.2d 463, 466 (8 Cir. 1965); Harris v. Settle, 322 F.2d 908, 910 (8 Cir. 1963), cert. denied 377 U. S. 9......
-
Sostre v. McGinnis
...1968); United States v. Stahl, 393 F.2d 101 (7th Cir.) cert. denied 393 U.S. 879, 89 S.Ct. 181, 21 L.Ed.2d 152 (1968); Carey v. Settle, 351 F.2d 483, 485 (8th Cir. 1965).44 We note that Sostre did not contest the validity of Warden Follette's action in striking the name of his sister from t......
-
Jackson v. Bishop
...would support interference by a federal court. 370 F. 2d at 363. We have made a like statement in many other cases. Carey v. Settle, 351 F.2d 483, 485 (8 Cir. 1965); Haynes v. Harris, 344 F.2d 463, 466 (8 Cir. 1965); Harris v. Settle, 322 F.2d 908, 910 (8 Cir. 1963), cert. denied, 377 U.S. ......
-
The Fat Prisoners' Dilemma: Slow Violence, Intersectionality, and a Disability Rights Framework for the Future
...conveniences, and services of a good hotel.’” (quoting Harris v. Fleming, 839 F.2d 1232, 1235 (7th Cir. 1988))); Carey v. Settle, 351 F.2d 483, 484 (8th Cir. 1965) (“[ In forma pauperis ] actions are too frequently mere outlets for general discontent in having to undergo penal restraint or ......