Archie Wilson, Jr. v. United States

Tenth Circuit

Archie Wilson, Jr. v. United States

433 F.2d 597, 1970 U.S. App. LEXIS 7437

CourtCourt of Appeals for the Tenth Circuit

DecidedSeptember 8, 1970

Docket188-70

StatusPublished

Cited by4 cases

This text of 433 F.2d 597 (Archie Wilson, Jr. v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Archie Wilson, Jr. v. United States, 433 F.2d 597, 1970 U.S. App. LEXIS 7437 (10th Cir. 1970).

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Opinion

PER CURIAM.

This is a similar case to Cooper v. United States, 10 Cir., 433 F.2d 596, this day decided, involving a prisoner injury and filed pro se. The plaintiff, Archie Wilson, was at the time of the injury, and is now, incarcerated in Ft. Leavenworth. He alleged in his complaint that he was injured while working as a machine operator in the penitentiary shoe factory because of the failure of a government employee to install a safety guard on the machine operated by him. Wilson further contended that as a result of the stated negligence, he suffered permanent injuries, pain, and a loss of earnings, all in the amount of $160,-000, as a result of the necessary amputation of substantial portions of two fingers mangled in the machine. Wilson further sought temporary restraining orders and injunctive relief related, inter alia, to the type of work required of the plaintiff by the penal authorities. The complaint and request for injunctive relief were filed January 28, 1970 and Wilson was allowed to proceed in forma pauperis; the complaint was served January 29. No answer or motion to dismiss was filed by the United States and on March 9, the district court dismissed the action sua sponte.

The dismissal was entered pursuant to Fed.R.Civ.P. 12(h) (3), as amended. Without a hearing the court disposed of Wilson’s complaint on three grounds: (1) that the complaint was one under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b) and 2671 et seq., and should be dismissed for failure to comply with 28 U.S.C. § 2675(a), as amended, requiring exhaustion of administrative remedies; (2) that Wilson, as a federal prisoner injured in prison employment, was precluded from recovery under the FTCA and his exclusive remedy lay under 18 U.S.C. § 4126; United States v. Demko, 385 U.S. 149, 87 S.Ct. 382, 17 L.Ed.2d 258, and United States v. Gomez, 10 Cir., 378 F.2d 938; (3) that injunctive relief should be denied because of the well recognized rule that a court will not interfere with the operation of a prison by penal authorities absent a showing of capriciousness or arbitrariness.

We reverse for the reasons stated in Cooper and with instructions to reinstate the complaint.

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PER CURIAM.

This is a similar case to Cooper v. United States, 10 Cir., 433 F.2d 596, this day decided, involving a prisoner injury and filed pro se. The plaintiff, Archie Wilson, was at the time of the injury, and is now, incarcerated in Ft. Leavenworth. He alleged in his complaint that he was injured while working as a machine operator in the penitentiary shoe factory because of the failure of a government employee to install a safety guard on the machine operated by him. Wilson further contended that as a result of the stated negligence, he suffered permanent injuries, pain, and a loss of earnings, all in the amount of $160,-000, as a result of the necessary amputation of substantial portions of two fingers mangled in the machine. Wilson further sought temporary restraining orders and injunctive relief related, inter alia, to the type of work required of the plaintiff by the penal authorities. The complaint and request for injunctive relief were filed January 28, 1970 and Wilson was allowed to proceed in forma pauperis; the complaint was served January 29. No answer or motion to dismiss was filed by the United States and on March 9, the district court dismissed the action sua sponte.

The dismissal was entered pursuant to Fed.R.Civ.P. 12(h) (3), as amended. Without a hearing the court disposed of Wilson’s complaint on three grounds: (1) that the complaint was one under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b) and 2671 et seq., and should be dismissed for failure to comply with 28 U.S.C. § 2675(a), as amended, requiring exhaustion of administrative remedies; (2) that Wilson, as a federal prisoner injured in prison employment, was precluded from recovery under the FTCA and his exclusive remedy lay under 18 U.S.C. § 4126; United States v. Demko, 385 U.S. 149, 87 S.Ct. 382, 17 L.Ed.2d 258, and United States v. Gomez, 10 Cir., 378 F.2d 938; (3) that injunctive relief should be denied because of the well recognized rule that a court will not interfere with the operation of a prison by penal authorities absent a showing of capriciousness or arbitrariness.

We reverse for the reasons stated in Cooper and with instructions to reinstate the complaint.

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433 F.2d 597, 1970 U.S. App. LEXIS 7437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/archie-wilson-jr-v-united-states-ca10-1970.

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