Kent v. Prasse, 16604.

Citation385 F.2d 406
Decision Date14 November 1967
Docket NumberNo. 16604.,16604.
PartiesJames Henry KENT, Appellant, v. Arthur T. PRASSE, Commissioner of Corrections of Pennsylvania, James F. Maroney, Superintendent, Pennsylvania State Correctional Institution at Pittsburgh, John R. Clogan, Tag Shop Supervisor, David G. Williams, Assistant Tag Shop Supervisor, and Walter K. Eroline, Supervisor, Appellees.
CourtUnited States Courts of Appeals. United States Court of Appeals (3rd Circuit)

Harry Alan Sherman, Pittsburgh, Pa., for appellant.

Frank P. Lawley, Jr., Deputy Atty. Gen., Dept. of Justice, Harrisburg, Pa. (William C. Sennett, Atty. Gen., Harrisburg, Pa., on the brief), for appellees.

Before McLAUGHLIN, GANEY and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

The appellant ("plaintiff") appeals from an order granting defendants' motion to dismiss his complaint. Plaintiff's complaint alleged that while a state prisoner he was forced to work on a press which was dangerous and unfit and which had previously been condemned to the knowledge of the prison officials. While working thereon he was injured for which he has received no compensation from the State of Pennsylvania and for which he may not sue the state under its law.

The plaintiff bottomed his complaint on the Civil Rights Act (42 U.S.C. § 1983). The defendants below were the Commissioner of Corrections and other officials of or employees connected with the state prison where appellant was injured. The district court held that the complaint failed to state a claim upon which relief could be granted. It concluded that the acts complained of did not subject plaintiff to the deprivation of rights guaranteed him by the Constitution and laws of the United States. We agree with the conclusion of the district court.

Plaintiff claims that he has been deprived of a property right in his physical health without compensation and without due process. We do not believe the failure of the State of Pennsylvania to provide compensation for an injury thus incurred constitutes a deprivation of a constitutionally protected property right. In any event, such a deprivation would be the work of the state, not these defendants.

Nor are we able to perceive that a tort committed by a state official acting under color of law is, in and of itself, sufficient to show an invasion of a person's right under the Act. While not dispositive, we note that there is no allegation that defendants violated any state criminal law or acted out of bad...

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  • Lankford v. City of Clifton Police Dep't
    • United States
    • U.S. District Court — District of New Jersey
    • June 29, 2021
    ...of negligence, res ipsa loquitur, and intentional assault and battery which were claimed as § 1983 violations) (quoting Kent v. Prasse , 385 F.2d 406, 407 (3d Cir. 1967) ).At any rate, a number of these claims or theories are never to be heard from again. The actual counts of the complaint ......
  • Davidson v. O'Lone
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • December 27, 1984
    ......Classic, 313 U.S. 299, 326, 61 S.Ct. 1031, 1043, 85 L.Ed. 1368 (1941)). .         In Kent v. Prasse, 385 F.2d 406 (3d Cir.1967) (approvingly discussed by Justice Powell in his separate ......
  • Peoples Cab Co. v. Bloom
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • August 19, 1971
    ...employed dentist; Heller v. Roberts, 386 F.2d 832 (2d Cir. 1967), assistant district attorney slandered opposing lawyer; Kent v. Prasse, 385 F.2d 406 (3d Cir. 1967), inmate of penitentiary injured when forced to work on a machine known to be defective and dangerous; Sanders v. Erreca, 377 F......
  • Parratt v. Taylor
    • United States
    • United States Supreme Court
    • May 18, 1981
    ...despite the breadth of state tort remedies such claims will be more numerous than might at first be supposed. InKent v. Prasse, 385 F.2d 406 (CA3 1967) (per curiam), for example, a state prisoner was forced to work on a faulty machine, sustained an injury, and brought suit against prison of......
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