Allen v. Corsano

• Decision Date: 26 June 1944
• Docket Number: Civil Action No. 388.
• Citation: 56 F. Supp. 169
• Parties: ALLEN v. CORSANO.
• Court: U.S. District Court — District of Delaware

56 F. Supp. 169

ALLEN v. CORSANO.

Civil Action No. 388.

District Court, D. Delaware.

June 26, 1944.

James R. Allen, pro per.

Vincent A. Theisen, of Wilmington, Del., for defendant.

LEAHY, District Judge.

Plaintiff appears pro se and is the author of his own pleadings. As stated by Judge Biggs, in a similar situation,¹ "In view of these facts the court will endeavor to construe the pleading and plaintiff's contentions without regard for technicalities."

This is an action for damages under 8 U.S.C.A. § 47(3) based upon a conspiracy to interfere with plaintiff's civil rights.² Jurisdiction is bottomed on 28 U.S.C.A. § 41(12). A clear understanding of the nature of the alleged wrongs done plaintiff may be had if the complaint is recited in haec verba. The complaint:

"I. Jurisdiction of the District Courts

"1. That the District Courts of the United States have jurisdiction of all suits authorized by law to be brought by any person for recovery of damages for the deprivation of any right or privilege of a citizen of the United States by any act done in the furtherance of any conspiracy mentioned in Section 47, Title 8, of the United States Code Annotated, as provided in sub-Section 12, Section 41, Chapter 2, Title 28 of the United States Code Annotated.

"2. That this action is authorized under the provisions of sub-Section 3, Section 47, Chapter 2, Title 8 of the United States Code Annotated, which provides that any person deprived of equal protection of the laws, or equal privileges or immunities under the laws, may have an action for damages occasioned by such deprivation against any one or more of the conspirators.

"II. Statement of Claim

"1. That the Plaintiff seeks from the Respondant the sum of One Hundred Nine Dollars and Forty Cents due on two claims presented to the Respondant and which the Respondant refused to take action upon; and Ten Thousand Dollars as punitive damages for depriving the Plaintiff of the protection of the laws of the state of Delaware in Civil Actions for debts; and all costs of this legal action.

"III. Facts in Support of Claim

"1. That on March 14, 1944 the Plaintiff presented to the Respondant, in the Respondant's office, 807 Shipley Street, Wilmington, Delaware, a claim for labor against one Edwin R. Kingery, Room 321, Odd Fellows Building, Tenth and King Streets, Wilmington, Delaware, for the sum of Thirty-four Dollars and Fifty Cents; and also a second claim for labor against the Faith Missionary Fellowship, 216 West Second Street, Wilmington, Delaware, for the sum of Seventy-four Dollars and Ninty Cents.

"2. That the Respondant is a regularly appointed Justice of the Peace for the County of New Castle, Delaware, with jurisdiction over Civil Actions for debt to the amount of Five Hundred Dollars.

"3. That the Respondant read the statement of claims presented to him, and thereafter refused to accept the claims or to issue any process thereon.

"4. That the Respondant's refusal to accept the claims and issue process thereon was a deprivation to the plaintiff of the protection of the laws of the state of Delaware in respect to Civil Actions for debt before a Justice of the Peace.

"5. That an apparent conspiracy existed between the Respondant and one or more of the defaulting persons, and the officials of the State Tax Department and probably other State officers.

"6. That in furtherance of the conspiracy the Respondant insisted that the Plaintiff should go to the office of the State Tax Department, near Ninth and King Streets, which Department had no jurisdiction whatsoever over such a claim.

"7. That the Respondant's insisting that the Plaintiff should go to the State Tax Department was for an ulterior purpose for the injury of the Plaintiff.

"James R. Allen, Plaintiff."

Defendant moved to dismiss because the complaint failed to state a claim upon which relief could be granted. Plaintiff then filed a motion to dismiss defendant's motion to dismiss, on the ground that "the Seventh Amendment to the Constitution of the United States provides that `In suits at common law, when the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved'", and because defendant's motion to dismiss was filed with the "intent and purpose * * * to obstruct and defeat the orderly course of justice by depriving the Plaintiff of his constitutional right of trial by jury and to prevent consideration of the charges in the Plaintiff's complaint."

While the instant action is against defendant alone, the alleged conspiracy is between defendant, the persons against whom plaintiff had certain claims, and unnamed officials of the Delaware State Tax Department. As charged the alleged injury consists of the deprivation of equal protection of the laws of Delaware in that defendant, as a minor judicial officer, refused to accept plaintiff's claims for suit or to issue process against plaintiff's alleged debtors. Plaintiff admittedly seeks no redress on the ground that the State of Delaware discriminates against him or that its laws fail to afford equal protection. The conspiracy charged here is against individuals who, by concert of action, have agreed to injure plaintiff by depriving him of his right to utilize the minor judicial system of the State of Delaware.

Such actions on the part of defendant and others, if true, do not constitute a cause of action as contemplated by the statute invoked. Although the statute, in a modified form, has been in existence since July 31, 1861, 12 Stat. 284, 17 Stat. 13, there has been a paucity of judicial interpretation. Two comparatively recent cases, however, lend support to defendant's motion that the complaint should be dismissed.

In Love v. Chandler, 8 Cir., 124 F.2d 785, 786, an action was brought against individual defendants alleging they had conspired to prevent plaintiff from being employed under the WPA. Defendants were either officers or agents of the United States or the State of Minnesota. It was charged that in furtherance of the conspiracy defendants had subjected plaintiff to threats, assaults, and certain insanity proceedings. Plaintiff there, as here, based his cause of action on § 47(3) of Title 8 U.S.C.A. and § 41(12) of Title 28. In affirming the district court's order granting the defendants' motion to dismiss, Judge Sanborn wrote:

"The statutes which the appellant seeks to invoke were passed shortly after the Civil War to aid in the enforcement of the Thirteenth Amendment abolishing slavery, the Fourteenth Amendment prohibiting State action the effect of which would be to abridge the privileges or immunities of citizens of the United States or to deprive any person of life, liberty or property without due process or to deny any person the equal protection of the law, and the Fifteenth Amendment prohibiting the denial of the right to vote on account of race or color. See Buchanan v. Warley, 245 U.S. 60, 78, 38 S.Ct. 16, 62 L.Ed. 149, L.R.A.1918C, 210, Ann.Cas.1918 A, 1201. The statutes were intended to provide for redress against State action and primarily that which discriminated against individuals within the jurisdiction of the United States. Hague v. Committee for Industrial Organization, 307 U.S. 496, 509-514, 59 S.Ct. 954, 83 L.Ed. 1423; Hodges v. United States, 203 U.S. 1, 14-20, 27 S.Ct. 6, 51 L.Ed. 65; Logan v. United States, 144 U.S. 263, 290, 291, 12 S.Ct. 617, 36 L.Ed. 429. The statutes, while they granted protection to persons from conspiracies to deprive them of the rights secured by the Constitution and laws of the United States (United States v. Mosley, 238 U.S. 383, 387, 388, 35 S.Ct. 904, 59 L.Ed. 1355), did not have the effect of taking into federal control the protection of private rights against invasion by individuals. Hodges v. United States, 203 U.S. 1, 14-20, 27 S.Ct. 6, 51 L.Ed. 65; Logan v. United States, 144 U.S. 263, 282-293, 12 S.Ct. 617, 36 L.Ed. 429. The protection of such rights and redress for such wrongs was left with the States. See United States v. Reese, 92 U.S. 214, 23 L.Ed. 563; United States v. Cruikshank, 92 U.S. 542, 23 L.Ed. 588; Strauder v. West Virginia, 100 U.S. 303, 25 L.Ed. 664; Ex parte State of Virginia, 100 U.S. 339, 25 L.Ed. 676; Neal v. Delaware, 103 U.S. 370, 26 L.Ed. 567; United States v. Harris, 106 U.S. 629, 1 S.Ct. 601, 27 L.Ed. 290; In re Civil Rights Cases, 109 U.S. 3, 3 S.Ct. 18, 27 L.Ed. 835; Carter v. Greenhow, 114 U.S. 317,...