Sheffey v. Greer, Civ. No. 73-269-E.

CourtUnited States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
Writing for the CourtWilliam J. Scott, Atty. Gen., James B. Zabel, Asst. Atty. Gen., Chicago, Ill., for defendant
Citation391 F. Supp. 1044
PartiesKenneth R. SHEFFEY, Plaintiff, v. Lieutenant GREER, Official of Illinois State Penitentiary, Menard, Illinois, Defendant.
Docket NumberCiv. No. 73-269-E.
Decision Date25 March 1975

391 F. Supp. 1044

Kenneth R. SHEFFEY, Plaintiff,
v.
Lieutenant GREER, Official of Illinois State Penitentiary, Menard, Illinois, Defendant.

Civ. No. 73-269-E.

United States District Court, E. D. Illinois.

March 25, 1975.


391 F. Supp. 1045

Kenneth Sheffey, pro se.

William J. Scott, Atty. Gen., James B. Zabel, Asst. Atty. Gen., Chicago, Ill., for defendant.

ORDER

FOREMAN, District Judge:

This case is presently before the Court on the Motion of the defendant to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted (Federal Rules of Civil Procedure, Rule 12(b)(6)).

Plaintiff, a prisoner at the Illinois State Penitentiary, Menard, Illinois, has filed a suit pursuant to 42 U.S.C. § 1983 alleging that defendant, a prison guard, struck him in the face and thereby violated the Eighth and Fourteenth Amendments by subjecting plaintiff to cruel and unusual punishment without due process of law. Plaintiff seeks $50,000 compensatory damages for superficial facial injuries and $750,000 punitive damages.

Viewing the complaint in the light most favorable to the plaintiff and admitting as true all well pleaded facts, as the Court is required to do for the purposes of this motion, Carroll v. Morrison Hotel Corp., 149 F.2d 404, 406 (7th Cir. 1945), this Court is unable to see in defendant's alleged actions the degree of wrong-doing which would bring his conduct under 42 U.S.C. § 1983.

Not every action that constitutes a state law tort of assault, even when it is committed under the color of state law, is sufficient in and of itself to show a claim for relief under 42 U.S.C. § 1983, Kent v. Prasse, 385 F.2d 406, 407 (3rd Cir. 1967); Davidson v. Dixon, 386 F.Supp. 482, 487 (D.Del.1974). In order to recover on a § 1983 claim, it is necessary for the plaintiff to show intentional conduct by one acting under color of state law which subjected him to the deprivation of rights, privileges, or immunities secured to him by the Constitution and laws of the United States, Kish v. County of Milwaukee, 441 F.2d 901, 904 (7th Cir. 1971); Basista v. Weir, 340 F.2d 74, 79 (3rd Cir. 1965); Davidson, supra, 386 F.Supp. at 487. The fact that a prisoner is assaulted

391 F. Supp. 1046
or injured ". . . by state officials does not necessarily mean that he is deprived of any right protected or secured by the Constitution of laws of the United States," Screws v. United States, 325 U.S. 91, 108-109, 65 S.Ct. 1031, 1039, 89 L.Ed. 1495 (1945).1

"The management by a few guards of large numbers of prisoners, not usually the most gentle or tractable of men and women, may require the occasional use of a degree of intentional force. Not every push or shove, even if it may later seem unnecessary in the peace of a judge's chambers, violates a person's constitutional rights," Johnson v. Glick, 481 F.2d 1028, 1033 (2d Cir. 1973), cert. denied in 414 U.S. 1033, 94 S.Ct. 462, 38 L.Ed.2d 32 (1973). To support liability, this Court believes the...

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15 practice notes
  • Padgett v. Stein, No. 72-487 Civil.
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • December 16, 1975
    ...Lion Municipal Authority, M.D.Pa. 1974, 381 F.Supp. 1163; Conner v. Jeffes, M.D.Pa.1975, 67 F.R.D. 86; Sheffey v. Greer, E.D.Ill.1975, 391 F.Supp. 1044 — this contention is frivolous in the instant case where the defendants entered into a consent decree which requires them to bring the York......
  • Taylor v. Nichols, Civ. A. No. 75-40-C2.
    • United States
    • United States District Courts. 10th Circuit. United States District Courts. 10th Circuit. District of Kansas
    • February 11, 1976
    ...committed "under color of state law." E.g., Street v. Surdyka, supra; Bolden v. Mandel, 385 F.Supp. 761 (D.Md.1974); Sheffey v. Greer, 391 F.Supp. 1044 (E.D.Ill.1975); Davidson v. Dixon, 386 F.Supp. 482 (D.Del.1974); Kent v. Prasse, 385 F.2d 406 (3rd Cir. 1967). In construing the scope of t......
  • Harrah v. Leverette, Nos. 14321
    • United States
    • Supreme Court of West Virginia
    • October 7, 1980
    ...subjecting prisoners to physical abuse which is unreasonable and excessive can violate the Eighth Amendment. See Sheffey v. Greer, 391 F.Supp. 1044, 1046 (E.D.Ill.1975); Donahue v. Maynard, 437 F.Supp. 47 (D.Kan.1977); Fisher v. Turner, 335 F.Supp. 577 (D.Utah 1972); Foster [165 W.Va. 678] ......
  • Morrison v. Martin, No. 89-461-CRT-F.
    • United States
    • United States District Courts. 4th Circuit. Eastern District of North Carolina
    • August 16, 1990
    ...generally found in a prison, one punch by a guard, for example, is simply not "shocking to the conscience." Sheffey v. Greer, 391 F.Supp. 1044 (E.D.Ill. 1975). And, generally speaking a claim cannot rise to a constitutional level where there are no visible cuts or bruises, no bleeding, and ......
  • Request a trial to view additional results
15 cases
  • Padgett v. Stein, No. 72-487 Civil.
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • December 16, 1975
    ...Lion Municipal Authority, M.D.Pa. 1974, 381 F.Supp. 1163; Conner v. Jeffes, M.D.Pa.1975, 67 F.R.D. 86; Sheffey v. Greer, E.D.Ill.1975, 391 F.Supp. 1044 — this contention is frivolous in the instant case where the defendants entered into a consent decree which requires them to bring the York......
  • Taylor v. Nichols, Civ. A. No. 75-40-C2.
    • United States
    • United States District Courts. 10th Circuit. United States District Courts. 10th Circuit. District of Kansas
    • February 11, 1976
    ...committed "under color of state law." E.g., Street v. Surdyka, supra; Bolden v. Mandel, 385 F.Supp. 761 (D.Md.1974); Sheffey v. Greer, 391 F.Supp. 1044 (E.D.Ill.1975); Davidson v. Dixon, 386 F.Supp. 482 (D.Del.1974); Kent v. Prasse, 385 F.2d 406 (3rd Cir. 1967). In construing the scope of t......
  • Harrah v. Leverette, Nos. 14321
    • United States
    • Supreme Court of West Virginia
    • October 7, 1980
    ...subjecting prisoners to physical abuse which is unreasonable and excessive can violate the Eighth Amendment. See Sheffey v. Greer, 391 F.Supp. 1044, 1046 (E.D.Ill.1975); Donahue v. Maynard, 437 F.Supp. 47 (D.Kan.1977); Fisher v. Turner, 335 F.Supp. 577 (D.Utah 1972); Foster [165 W.Va. 678] ......
  • Morrison v. Martin, No. 89-461-CRT-F.
    • United States
    • United States District Courts. 4th Circuit. Eastern District of North Carolina
    • August 16, 1990
    ...generally found in a prison, one punch by a guard, for example, is simply not "shocking to the conscience." Sheffey v. Greer, 391 F.Supp. 1044 (E.D.Ill. 1975). And, generally speaking a claim cannot rise to a constitutional level where there are no visible cuts or bruises, no bleeding, and ......
  • Request a trial to view additional results

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