U.S. Court of Appeals for the Third Circuit, 1967

Commonwealth of Pennsylvania Ex Rel. Robert Gatewood v. Edward J. Hendrick, Superintendent of County Prisons

Commonwealth of Pennsylvania Ex Rel. Robert Gatewood v. Edward J. Hendrick, Superintendent of County Prisons
U.S. Court of Appeals for the Third Circuit · Decided February 13, 1967 · Maris, McLaughlin, Kalodner
368 F.2d 179 (Federal Reporter, Second Series)

Commonwealth of Pennsylvania Ex Rel. Robert Gatewood v. Edward J. Hendrick, Superintendent of County Prisons

Opinion

OPINION OF THE COURT

PER CURIAM.

This is in effect a civil action, quite improperly captioned, by Robert Gate-wood, a prisoner in the Philadelphia County Prison, for damages under section 1979 of the Revised Statutes, 42 U.S.C.A. § 1983, for alleged deprivation under color of state law of rights secured by the federal Constitution and laws. What Gatewood complains of is alleged improper medical treatment by the prison authorities. This, however, if true was not a denial of rights secured by the federal Constitution or laws. Threatt v. State of North Carolina, D.C.N.C.1963, 221 F.Supp. 858. Gatewood’s claim is, therefore, not cognizable under section 1979 of the Revised Statutes, the Civil Rights Act of 1871, as the district court quite properly held. United States ex rel. Lawrence v. Ragen, 7 Cir. 1963, 323 F.2d 410; Snow v. Gladden, 9 Cir. 1964, 338 F.2d 999.

The order of the district court will be affirmed.

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