[DOWNLOAD] "Warren Curtis v. Angus Russell Everette" by United States Court of Appeals for the Third Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Warren Curtis v. Angus Russell Everette
• Author : United States Court of Appeals for the Third Circuit
• Release Date : January 17, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

This appeal challenges an August 8, 1972, district court order dismissing a complaint under the Civil Rights Acts (42 U.S.C. ?? 1981 and 1983, and 28 U.S.C. ? 1343(3)), which also asserts pendent jurisdiction of a state law claim against a fellow prisoner (Everette), alleging that while plaintiff was a state prisoner at the Huntingdon Correctional Institute, "on or about March 24, 1970 at approximately 11:45 a.m., Defendant . . . Everette physically attacked without provocation Plaintiff . . . in the kitchen at [such] Institute" (par. 11). Plaintiff was assaulted by Everette allegedly "solely because defendants Hess [dietician and kitchen guard], Smith [head steward and kitchen guard] and Brindle [correctional officer] had stopped him from defending himself and due to his reliance on the fact [that such] Defendants . . . who had custody of [Everette] would perform their duty in disarming and restraining [Everette] and in protecting [plaintiff]." Paragraph 12 of the complaint alleges that plaintiff "suffered great pain and suffering and the permanent loss of sight of his right eye." Paragraph 21-a and d alleges that defendants Smith, Hess and Brindle deprived plaintiff of his civil rights by

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