Denman v. Wertz, No. 15976.

CourtUnited States Courts of Appeals. United States Court of Appeals (3rd Circuit)
Writing for the CourtPER CURIAM
Citation372 F.2d 135
PartiesNathaniel DENMAN and Jack Graiver v. William WERTZ et al., Nathaniel A. Denman, Appellant.
Decision Date09 February 1967
Docket NumberNo. 15976.

372 F.2d 135 (1967)

Nathaniel DENMAN and Jack Graiver
v.
William WERTZ et al., Nathaniel A. Denman, Appellant.

No. 15976.

United States Court of Appeals Third Circuit.

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

PER CURIAM.

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.

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13 practice notes
  • Javits v. Stevens, No. 73 Civ. 5339-LFM.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 24, 1974
    ...F.2d 20 (5th Cir. 1951); Mosher v. Beirne, 237 F.Supp. 684 (E.D.Mo. 1964), aff'd, 357 F.2d 638 (8th Cir. 1966). See also, Denman v. Wertz, 372 F.2d 135 (3d Cir. 1967); Tyree v. Smith, 289 F.Supp. 174 (E.D.Tenn.1968). 4 We note, also, as to the relatives' claim (Count III), which seeks relie......
  • Jones v. McElroy, Civ. A. No. 76-1532
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • March 30, 1977
    ...Standing to assert deprivation of a constitutional right to parenthood has not been decided by the Third Circuit, but in Denman v. Wertz, 372 F.2d 135 (3d Cir.) (per curiam), cert. denied, 389 U.S. 941, 88 S.Ct. 300, 19 L.Ed.2d 293 (1967), the Court did consider a related issue. Denman was ......
  • Massey v. Fair Acres Geriatric Ctr. & Del. Cnty., Civil Action No. 09–3170.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • July 25, 2012
    ...capacity as the administrator of her estate. Baffa v. Black, 481 F.Supp. 1083, 1085–86 (E.D.Pa.1979) (Pollak, J.) (citing Denman v. Wertz, 372 F.2d 135, 135–36 (3d Cir.) (plaintiff must sue as executor of decedent's estate and not in his own right), cert. denied,389 U.S. 941, 88 S.Ct. 300, ......
  • Hall v. Wooten, No. 73-2078
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • November 19, 1974
    ...violates the Act liable to the 'party injured,' 1 and upon the cases of Madison v. Wood, 410 F.2d 564 (6th Cir. 1969), 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), Nelson v. Knox, 230 F.2d 483 (6th Cir. 1956), Tyree v. Smith, 289 ......
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13 cases
  • Javits v. Stevens, No. 73 Civ. 5339-LFM.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 24, 1974
    ...F.2d 20 (5th Cir. 1951); Mosher v. Beirne, 237 F.Supp. 684 (E.D.Mo. 1964), aff'd, 357 F.2d 638 (8th Cir. 1966). See also, Denman v. Wertz, 372 F.2d 135 (3d Cir. 1967); Tyree v. Smith, 289 F.Supp. 174 (E.D.Tenn.1968). 4 We note, also, as to the relatives' claim (Count III), which seeks relie......
  • Jones v. McElroy, Civ. A. No. 76-1532
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • March 30, 1977
    ...Standing to assert deprivation of a constitutional right to parenthood has not been decided by the Third Circuit, but in Denman v. Wertz, 372 F.2d 135 (3d Cir.) (per curiam), cert. denied, 389 U.S. 941, 88 S.Ct. 300, 19 L.Ed.2d 293 (1967), the Court did consider a related issue. Denman was ......
  • Massey v. Fair Acres Geriatric Ctr. & Del. Cnty., Civil Action No. 09–3170.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • July 25, 2012
    ...capacity as the administrator of her estate. Baffa v. Black, 481 F.Supp. 1083, 1085–86 (E.D.Pa.1979) (Pollak, J.) (citing Denman v. Wertz, 372 F.2d 135, 135–36 (3d Cir.) (plaintiff must sue as executor of decedent's estate and not in his own right), cert. denied,389 U.S. 941, 88 S.Ct. 300, ......
  • Hall v. Wooten, No. 73-2078
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • November 19, 1974
    ...violates the Act liable to the 'party injured,' 1 and upon the cases of Madison v. Wood, 410 F.2d 564 (6th Cir. 1969), 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), Nelson v. Knox, 230 F.2d 483 (6th Cir. 1956), Tyree v. Smith, 289 ......
  • Request a trial to view additional results

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