Billie Austin X. Bryant v. Olin G. Blackwell, Warden, U. S. Penitentiary
Opinion of the Court
We pretermit discussion of whether appellant has a federal cause of action against prison officials for alleged violation of his constitutional rights in a federal prison, because as a matter of law the incidents of prison life to which he objects do not rise to the level of constitutional violations.
Affirmed.
Concurring Opinion
(specially concurring):
I concur in the result. I am convinced that the trial court’s dismissal of appellant’s action, without prejudice to his right to refile, must be affirmed due to a defective showing of in personam jurisdiction over the named defendants. Unless and until in personam jurisdiction is found to exist, I would not meet the very serious question of whether appellant states a constitutional cause of action.
Reference
- Full Case Name
- Billie Austin X. BRYANT, Plaintiff-Appellant, v. Olin G. BLACKWELL, Warden, U. S. Penitentiary, Defendant-Appellee
- Status
- Published