Albert H. Carter v. W. J. Estelle, Jr., Director Texas Department of Corrections

Albert H. CARTER, Plaintiff-Appellant, v. W. J. ESTELLE, Jr., Director Texas Department of Corrections, Defendant-Appellee

Carter v. W. J. Estelle, Jr., Dir. Tex. Dep't of Corr., 519 F.2d 1136 (5th Cir. 1975)

Court: Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided: September 24, 1975
Docket: No. 75-2474
Judges: Coleman, Ainsworth, Simpson
Citations: 519 F.2d 11361975 U.S. App. LEXIS 12639

Cited by 26 Original from court

Opinion — Per Curiam

PER CURIAM:

Alleging (1) conversion by prison guards of his radio, and (2) negligence by guards in leaving his personal property (watches, wedding ring, electric fan, et cetera,) in a place exposed to thieves, from which they were stolen, Carter brought suit below under Title 42 U.S.G. § 1983 against the Director of the Texas Department of Corrections for claimed violation of his civil rights. He sought damages of $427.75 for the lost articles and $1000.00 in punitive damages. The demand for punitive damages was supported by allegations of malice and criminal intent.

The district court dismissed the complaint without hearing and without requiring responsive pleading from the ap-pellee, holding that the defendant director is not liable for the acts of his employees and that allegations of negligence will not support an action for violation of civil rights. Determining that this dismissal was improvidently granted, we reverse and remand for further proceedings below.

It is established law that prison administrators may under certain circumstances be held vicariously liable for the acts of their subordinates.

Holland v. Connors, 5 Cir., 1974, 491 F.2d 539 ;

Parker v. McKeithen, 5 Cir., 1974, 488 F.2d 553 , cert. denied, 419 U.S. 838 , 95 S.Ct. 67 , 42 L.Ed.2d 65 ;

Tuley v. Heyd, 5 Cir., 1973, 482 F.2d 590 . It is also now clear that a civil rights action lies for wrongful confiscation or loss by prison *1137 officials of an inmate’s property.

Watson v. Stynchcombe, 5 Cir., 1974, 504 F.2d 393 ;

Clayton v. Wade, 5 Cir., 1973, 487 F.2d 595 ;

Culp v. Martin, 5 Cir., 1973, 471 F.2d 814 ;

Montana v. Harrel-son, 5 Cir., 1972, 469 F.2d 1091 .

Upon remand, the district court is directed to require responsive pleading and to permit development of the facts at an adversary hearing, before a jury if requested. Liberal amendment of the present original pro se complaint should be permitted upon application. If no request is made for a jury, adequate findings of fact and conclusions of law under Rule 52(a) F.R.Civ.P. will be in order.

Reversed and remanded.

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Cited by 26 cases

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Relies on it most ⓘ

Parratt v. Taylor451 U.S. 527 (1981)
Gary Baskin and Beulah Baskin v. Eugene Parker and Curtis L. Smith602 F.2d 1205 (5th Cir. 1979)
Carter v. Telectron, Inc.452 F. Supp. 944 (S.D. Tex. 1977)
David R. Ferranti v. John J. Moran618 F.2d 888 (1st Cir. 1980)
Terry Ray Taylor v. M. M. (Hoot) Gibson529 F.2d 709 (5th Cir. 1976)
V. Stevens Kite v. Clarence M. Kelley, Director, Federal Bureau of Investigation546 F.2d 334 (10th Cir. 1976)

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Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 7

Depth	Case	Cited by
	Tuley v. Heyd, 482 F.2d 590 (5th Cir. 1973)	91
	Parker v. John J. McKeithen Governor of the State of La., 488 F.2d 553 (5th Cir. 1974)	42
	Holland v. Connors, 491 F.2d 539 (5th Cir. 1974)	14
	Culp v. Martin, 471 F.2d 814 (5th Cir. 1973)	8
	Watson v. Leroy Stynchombe,, Etc., 504 F.2d 393 (5th Cir. 1974)	6
	Montana v. Lan E. Harrelson,, Tex. Dep't of Corr., 469 F.2d 1091 (5th Cir. 1972)	5
	Clayton v. Wade, 487 F.2d 595 (5th Cir. 1973)	5

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