Nettles v. Rundle, 18450.
| Decision Date | 08 December 1971 |
| Docket Number | No. 18450.,18450. |
| Citation | 453 F.2d 889 |
| Parties | James Edward NETTLES, Appellant, v. Alfred T. RUNDLE, Warden and Arthur T. Prasse, Commissioner of Prisons. |
| Court | U.S. Court of Appeals — Third Circuit |
Herbert G. Kenne, Jr., Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for appellant.
Herman Rosenberger, Asst. Atty. Gen., Philadelphia, Pa. (J. Shane Creamer, Atty. Gen., Herbert Monheit, Asst. Atty. Gen., by Larry Elliot Jones, Asst. Atty. Gen., Philadelphia, Pa., on the brief), for appellees.
Before SEITZ, Chief Judge, and HASTIE, Circuit Judge, and HERMAN, District Judge.
This action for damages under the Civil Rights Act, 42 U.S.C. § 1983, has been brought by a state prisoner against prison authorities. It charges the defendants with negligence in connection with medical treatment requested and needed by the prisoner. The complaint also contains an allegation that medical attention was withheld because the plaintiff refused to sign a document waiving any claim for injury that might result from treatment. But this allegation is followed by a statement that, shortly after the plaintiff's refusal to sign a release, the prison authorities did provide him with medical attention. Thus, accepting the petitioner's allegations as true, we can find no more in the complaint than a charge of ordinary negligence in the course of the handling, diagnosis or treatment of the prisoner's medical complaint.
While such negligence is a tort, cognizable under state law, it does not amount to such a denial of a constitutional or federally protected right as can be redressed under the Civil Rights Act.
The judgment will be affirmed.
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Jones v. Diamond
...487 F.2d 567; Tate v. Blackwell, 5 Cir. 1973, 475 F.2d 193, Cert. denied, 412 U.S. 922, 93 S.Ct. 2743, 37 L.Ed.2d 149; Nettles v. Rundle, 3 Cir. 1971, 453 F.2d 889. My brethren hold, and I agree, that at least some constitutional violations were established here. Some of these wrongs, such ......
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...in the handling, diagnosis and treatment of Roach's ills, but not a denial of a federally protected right. See, Nettles v. Rundle, 453 F.2d 889 (3d Cir. 1971); United States ex rel. Johnson v. Prasse, 450 F.2d 946 (3d Cir. 1971); Commonwealth ex rel. Gatewood v. Hendrick, 368 F.2d 179 (3d C......
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Fischer v. Cahill, 72-1554.
...Civil Rights Act, 42 U.S.C. § 1983, and a tort claim for malpractice is not cognizable under that jurisdiction. E. g., Nettles v. Rundle, 453 F.2d 889 (3d Cir. 1971); Isenberg v. Prasse, 433 F.2d 449 (3d Cir. 1970). Moreover, with respect to the prescription of the medication no person is n......
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Jones v. Wetzel
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