Ellingburg v. Lucas, 75-1012
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
| Writing for the Court | Before VAN OOSTERHOUT, Senior Circuit Judge, and LAY and HEANEY; PER CURIAM |
| Citation | 518 F.2d 1196 |
| Parties | James G. ELLINGBURG, Petitioner-Appellant, v. A. G. LUCAS, Correctional Employee, Cummins Unit, Arkansas Department of Correction, Respondent-Appellee. |
| Docket Number | No. 75-1012,75-1012 |
| Decision Date | 25 June 1975 |
Page 1196
v.
A. G. LUCAS, Correctional Employee, Cummins Unit, Arkansas
Department of Correction, Respondent-Appellee.
Eighth Circuit.
Decided June 25, 1975.
James G. Ellingburg, pro se.
Jim Guy Tucker, Atty. Gen., and Robert A. Newcomb, Asst. Atty. Gen., Little Rock, Ark., for respondent-appellee.
Before VAN OOSTERHOUT, Senior Circuit Judge, and LAY and HEANEY, Circuit Judges.
Page 1197
PER CURIAM.
The plaintiff, an Arkansas state prisoner, appeals from the dismissal of an action for damages under 42 U.S.C. § 1983 brought against a prison employee. In his complaint, plaintiff alleged the defendant defamed his reputation by calling him an obscene name. We affirm.
Damages for defamation are not recoverable under § 1983 because a defamed person has not been deprived of any right, privilege or immunity secured to him by the Federal Constitution or laws of the United States. See Morey v. Independent School Dist., 429 F.2d 428 (8th Cir. 1970), affirming, 312 F.Supp. 1257, 1262 (D.Minn.1969); Azar v. Conley, 456 F.2d 1382, 1388-1389 (6th Cir. 1972); Heller v. Roberts, 386 F.2d 832 (2d Cir. 1967).
Judgment is affirmed.
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Morris v. Danna, 3-75-Civ. 420.
...of any right, privilege or immunity secured to him by the Federal Constitution or laws of the United States. . . ." Ellingburg v. Lucas, 518 F.2d 1196, 1197 (8th Cir. 1975) (per See also Haaf v. Grams, 355 F.Supp. 542, 545-46 (D.Minn.1973) (allegations that the defendants had maliciously is......
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Buckley v. Gomez, Civ. 95-2372-BTM(JFS).
...and threatened to hang him, was not sufficient to state a constitutional deprivation under 42 U.S.C. § 1983); Ellingburg v. Lucas, 518 F.2d 1196, 1197 (8th Cir.1975) (holding damages for defamation, resulting when defendant called plaintiff an obscene name, are not recoverable under 42 U.S.......
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Harrington v. City of Elizabeth, 8:20-CV-412
...of any right, privilege or immunity secured to him by the Federal Constitution or laws of the United States." Ellingburg v. Lucas, 518 F.2d 1196, 1197 (8th Cir. 1975) (per curiam). A defamation claim, separate from a § 1983 claim, "has four elements: (1) a false and defamatory statement con......
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Bohannan v. Causey, Civil Action 19-1476-P
...more, are insufficient grounds for relief under 42 U.S.C. § 1983. Collins v. Cundy, 603 F.2d 825 (10th Cir. 1979); Ellingburg v. Lucas, 518 F.2d 1196 (8th Cir. 1975). Furthermore, the Fifth Circuit Court of Appeals has held that "mere threatening language and gestures of a custodial officer......
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Morris v. Danna, 3-75-Civ. 420.
...of any right, privilege or immunity secured to him by the Federal Constitution or laws of the United States. . . ." Ellingburg v. Lucas, 518 F.2d 1196, 1197 (8th Cir. 1975) (per See also Haaf v. Grams, 355 F.Supp. 542, 545-46 (D.Minn.1973) (allegations that the defendants had maliciously is......
-
Buckley v. Gomez, Civ. 95-2372-BTM(JFS).
...and threatened to hang him, was not sufficient to state a constitutional deprivation under 42 U.S.C. § 1983); Ellingburg v. Lucas, 518 F.2d 1196, 1197 (8th Cir.1975) (holding damages for defamation, resulting when defendant called plaintiff an obscene name, are not recoverable under 42 U.S.......
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Harrington v. City of Elizabeth, 8:20-CV-412
...of any right, privilege or immunity secured to him by the Federal Constitution or laws of the United States." Ellingburg v. Lucas, 518 F.2d 1196, 1197 (8th Cir. 1975) (per curiam). A defamation claim, separate from a § 1983 claim, "has four elements: (1) a false and defamatory statement con......
-
Bohannan v. Causey, Civil Action 19-1476-P
...more, are insufficient grounds for relief under 42 U.S.C. § 1983. Collins v. Cundy, 603 F.2d 825 (10th Cir. 1979); Ellingburg v. Lucas, 518 F.2d 1196 (8th Cir. 1975). Furthermore, the Fifth Circuit Court of Appeals has held that "mere threatening language and gestures of a custodial officer......