(DOWNLOAD) "Brown v. Sielaff" by United States Court of Appeals for the Third Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Brown v. Sielaff
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 23, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Opinion OF THE COURT Appellant, a state prisoner, filed a complaint seeking injunctive relief and money damages under 42 U.S.C. § 1983 against ""Allyn R. Sielaff, Commissioner of Correction, et al., defendant,"" alleging that he witnessed a disturbance in Graterford Prison, Philadelphia, on July 23, 1971, and that immediately thereafter was transported to another state prison,1 where he was ""compelled to suffer unwarranted solitary confinement under the directions of the defendant who is attempting to conceal abuse by his prison guards."" He also alleged that ""all legal notes, books, history of courts, etc.,"" disappeared in the course of his transfer. He later sought to amend his complaint by adding ""as a principal defendant"" Robert L. Johnson, Graterford Warden. The motion to amend was denied and an appeal was taken to this court at No. 71-2023. Upon motion of appellee this appeal was dismissed on May 3, 1972. The cause then proceeded in the district court solely against Commissioner Sielaff, who filed a motion for summary judgment with accompanying affidavits. An affidavit of the Major of the Guard at Graterford revealed that nine prison officers were injured at Graterford on July 23, 1971, and that ""Joseph Brown . . . participated in the disturbance."" Brown has not denied this allegation. After the court granted the motion for summary judgment, Brown moved to vacate asserting that he had a valid claim against the prison officials for ""loss of property,"" and for ""maintaining him in solitary confinement for a period of three months."" The motion to vacate was denied and the present appeal followed. For reasons other than those stated by the district court, we will affirm. Although the only defendant in this action is Commissioner Sielaff, the sole allegation which directly implicates him is the vague accusation of ""attempting to conceal abuse by his prison guards."" Although mindful of the admonition of Haines v. Kerner, 404 U.S. 519, 521, 30 L. Ed. 2d 652, 92 S. Ct. 594 (1972), we are convinced that this allegation is not sufficiently precise to constitute an allegation of a constitutional deprivation sustained by the appellant at the hands of the named defendant. The remaining allegations do not constitute a claim against Commissioner Sielaff for which relief may be granted. There is no allegation that he participated directly or indirectly in the circumstances constituting this claim.2
 "Brown v. Sielaff" by United States Court of Appeals for the Third Circuit " Book PDF Kindle ePub Free){kind=link}