Opinion · Court of Appeals for the Fifth Circuit

Albert H. Carter v. W. J. Estelle, Jr., Director Texas Department of Corrections

Albert H. Carter v. W. J. Estelle, Jr., Dir. Tex. Dep’t of Corr., 519 F.2d 1136 (5th Cir. 1975)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1975-09-24
Topic
general

PER CURIAM: Alleging (1) conversion by prison guards of his radio, and (2) negligence by guards in leaving his personal property (watches, wedding ring, electric fan, et cetera,) in a place exposed to thieves, from which they were stolen, Carter brought suit below under Title 42 U.S.G. § 1983 against the Director of the Texas Department of Corrections for claimed violation of his civil rights. He sought damages of $427.75 for the lost articles and $1000.00 in punitive damages. The demand for punitive damages was supported by allegations of malice and criminal intent. The district court dismissed the complaint without hearing and without requiring responsive pleading from the ap-pellee, holding that the defendant director is not liable for the acts of his employees and that allegations of negligence will not support an action for violation of civil rights. Determining that this dismissal was improvidently granted, we reverse and remand for further proceedings below.

Citator

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