NCJ Number
14415
Journal
New England Journal on Prison Law Volume: 1 Issue: 1 Dated: (SPRING 1974) Pages: 125-137
Date Published
1974
Length
13 pages
Annotation
DISCUSSION OF A 1973 FEDERAL CASE ALLOWING A PRISONER TO BRING A CIVIL RIGHTS ACTION FOR MONEY DAMAGES AGAINST THE GUARD INVOLVED BUT DISMISSING A CLAIM AGAINST THE WARDEN, AS THE GUARD'S SUPERIOR.
Abstract
THE COURT SET FORTH FOUR FACTORS TO BE CONSIDERED IN ATTEMPTING TO DETERMINE WHETHER THE CONSTITUTIONAL LINE OF DEPRIVATION OF CIVIL RIGHTS (BEYOND THE TORT OF BATTERY) HAD BEEN CROSSED. THESE ARE - (1) THE NEED FOR APPLICATION OF FORCE, (2) THE RELATIONSHIP BETWEEN THE NEED AND THE AMOUNT OF FORCE THAT WAS USED, (3) THE EXTENT OF INJURY INFLICTED, AND (4) WHETHER FORCE WAS APPLIED IN A GOOD FAITH EFFORT TO MAINTAIN OR RESTORE DISCIPLINE OR MALICIOUSLY AND SADISTICALLY FOR THE VERY PURPOSE OF CAUSING HARM. HAVING RULED THAT THE GUARD MIGHT BE LIABLE FOR HIS ACTIONS, THE COURT FOUND IT NECESSARY TO DETERMINE WHETHER THE WARDEN MIGHT ALSO BE LIABLE AS HIS SUPERIOR. THE MAJORITY FOUND THAT AS A GENERAL RULE, IN ACTIONS FOR DAMAGES BROUGHT UNDER SECTION 1983 SOME FORM OF PERSONAL INVOLVEMENT IS NECESSARY TO CREATE LIABILITY. THE COMMON LAW DOCTRINE OF RESPONDEAT SUPERIOR WHICH, IN TORT CASES, MAKES THE MASTER LIABLE FOR CIVIL WRONGS ALONG WITH HIS SERVANT, IS INAPPLICABLE IN SECTION 1983 SITUATIONS. (AUTHOR ABSTRACT)