Griffith v. Superior Ford
Griffith v. Superior Ford
Opinion of the Court
Seymour F. Cotton, Jr., appeals from three orders of the district court denying relief on his claims brought pursuant to 42 U.S.C.^ 1983. We affirm.
Cotton is a state prisoner currently incarcerated in the Cummins Unit of the Arkansas Department of Corrections pursuant to a 1973 conviction for armed robbery. The three § 1983 petitions at issue here were filed in 1973 and 1974. The processing of these cases was held in abeyance pending decision in the Finney v. Hutto, 410 F.Supp. 251 (E.D.Ark. 1976), affd, 548 F.2d 740 (8th Cir. 1977), class action litigation regarding the constitutionality of conditions of confinement in Arkansas Department of Correction penal institutions.
After the district court’s opinion in Fin-ney
A judgment in a class action suit brought under Fed.R.Civ.P. 23(b)(2) is binding on all class members unless they can show that their interests were not adequately represented by the class representatives.
We have carefully examined the many pleadings filed by petitioner. The majority of his claims seek injunctive and declaratory relief for a number of allegedly unconstitutional conditions and practices. Without delving into his claims in unnecessary factual detail, they relate to racial discrimination, inadequate food and overcrowding in the punitive isolation cells, inadequate medical care and facilities, interference with mail, religious and racial discrimination against Black Muslim inmates, brutality by prison employees, inadequate law library and access thereto, and failure to hire and promote blacks in the Department of Corrections.
In addition to his claims for injunctive and declaratory relief, two of petitioner’s pleadings sought money damages. In one action he sought $50,000 in damages from the warden, Terrell Don Hutto. This claim was based on petitioner allegedly being subjected to a disciplinary proceeding for failure to cut a “top knot,” a hair style claimed to be part of a religious purification ritual. Assuming, without deciding, that this allegation states a claim for denial of First Amendment rights, his pleading fails to state a claim for relief against Hutto; his allegation is that the disciplinary action was instituted by one Birt Brogan, a prison guard, who is not named as a party. Hutto is not alleged to have had any knowledge of, or connection with, this incident. Thus, any attempt to obtain damages from Hutto is predicated on a respondeat superior theory which does not apply in § 1983 suits. See, e. g., Rizzo v. Goode, 423 U.S. 362, 370-71, 96 S.Ct. 598, 46 L.Ed.2d 561 (1976); Duchesne v. Sugarman, 566 F.2d 817, 830 (2d Cir. 1977); Hampton v. Holmesburg Prison Officials, 546 F.2d 1077, 1082 (3d Cir. 1976); Sebastian v. United States, 531 F.2d 900, 904 (8th Cir.), cert. denied, 429 U.S. 856, 97 S.Ct. 153, 50 L.Ed.2d 133 (1976); Williams v. Vincent, 508 F.2d 541, 546 (2d Cir. 1974).
Petitioner’s second claim for damages is against A. L. Lockhart, another prison official. This claim is based on two beatings which allegedly occurred in July 1974. The pleading alleges that Lockhart had personally beaten him on one of these occasions. However, in answer to interrogatories propounded by Lockhart petitioner stated that he was beaten by correctional officers “who are the subordinates of Respondent Lockhart[,] Said Respondent being responsible for the actions of his officers. .” Thus, it is clear that his claim for damages against Lockhart, the only named defendant, is predicated solely on a respondeat superior theory, which, as we have noted, does not apply in § 1983 suits.
Accordingly, the orders of the district court are affirmed.
. The Honorable J. Smith Henley, United States Circuit Judge, sitting by designation in the United States District Court for the Eastern District of Arkansas.
. Petitioner’s brief is largely directed to showing that practices enjoined in the Finney v. Hutto, 410 F.Supp. 251 (E.D.Ark. 1976), affd, 548 F.2d 740 (8th Cir. 1977), litigation are continuing at Cummins. If these practices are indeed continuing, the proper remedy would be initiation of contempt proceedings in the district court. The record indicates that no such proceedings have been commenced in the district court and, accordingly, we do not consider petitioner’s claims on these matters.
. Petitioner makes no allegation of inadequate representation in the Finney litigation.
. Where a prisoner seeks damages for allegedly unconstitutional conditions of confinement, it has been held that he is not precluded by an earlier class action where only declaratory and injunctive relief were sought. See Jones-Bey v. Caso, 535 F.2d 1360 (2d Cir. 1976). But see International Prisoners’ Union v. Rizzo, 356 F.Supp. 806 (E.D.Pa. 1973).
. In No. 77-1851, a co-plaintiff, James 23X Brown, alleged that he was subjected to mistreatment at the Arkansas State Hospital. Brown has not appealed and we do not consider his claims for relief.
Reference
- Full Case Name
- Josephine GRIFFITH v. SUPERIOR FORD and Ford Motor Credit Company
- Cited By
- 17 cases
- Status
- Published