Opinion · Court of Appeals for the Eighth Circuit

James G. Ellingburg v. A. G. Lucas, Correctional Employee, Cummins Unit, Arkansas Department of Correction

James G. Ellingburg v. A. G. Lucas, Corr. Emp., Cummins Unit, Ark. Dep’t of Correction, 518 F.2d 1196 (8th Cir. 1975)

Type
Opinion
Court
Court of Appeals for the Eighth Circuit
Jurisdiction
Federal
Date
1975-06-25
Topic
employee-benefits-and-executive-compensation

How later courts describe this case

  • holding being called an “obscene name” and “defamed” does not state a constitutional claim
  • stating that an inmate cannot recover damages for defamation 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”
  • stating that an inmate cannot recover damages for defamation 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 5. States”
  • Arkansas state 12 prisoner does not have cause of action under § 1983 for being called obscene name by prison 13 employee
  • Arkansas state 19 prisoner does not have cause of action under § 1983 for being called obscene name by prison 20 employee
  • Arkansas state prisoner does not have cause of action under § 1983 for being called obscene 28 name by prison employee
  • Arkansas state prisoner does not have 3 cause of action under § 1983 for being called obscene name by prison employee
  • Arkansas state prisoner does not have 18 cause of action under § 1983 for being called obscene name by prison employee

Citator

UpLaw has not yet analyzed James G. Ellingburg v. A. G. Lucas, Correctional Employee, Cummins Unit, Arkansas Department of Correction. The absence of a flag is not a finding that it is good law.

Cited by
92 opinions
ELLINGBURG v. LUCAS,518 F.2d 1196(8th Cir. 1975)
JAMES G. ELLINGBURG, PETITIONER-APPELLANT, v. A. G. LUCAS, CORRECTIONAL
EMPLOYEE, CUMMINS UNIT, ARKANSAS DEPARTMENT OF CORRECTION,
RESPONDENT-APPELLEE.
No. 75-1012.
United States Court of Appeals, Eighth Circuit.
Submitted June 9, 1975.
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.
Appeal from the United States District Court for the Eastern District of Arkansas.
Before VAN OOSTERHOUT, Senior Circuit Judge, and LAY and HEANEY, Circuit Judges.Page 1197
PER CURIAM.
[1] The plaintiff, an Arkansas state prisoner, appeals from the dismissal of an action for damages under42 U.S.C. § 1983brought against a prison employee. In his complaint, plaintiff alleged the defendant defamed his reputation by calling him an obscene name. We affirm.

[2] 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).

[3] Judgment is affirmed.Page 1253