James G. Ellingburg v. A. G. Lucas, Correctional Employee, Cummins Unit, Arkansas Department of Correction

Eighth Circuit

James G. Ellingburg v. A. G. Lucas, Correctional Employee, Cummins Unit, Arkansas Department of Correction

518 F.2d 1196, 1975 U.S. App. LEXIS 14033

CourtCourt of Appeals for the Eighth Circuit

DecidedJune 25, 1975

Docket75-1012

StatusPublished

Cited by90 cases

This text of 518 F.2d 1196 (James G. Ellingburg v. A. G. Lucas, Correctional Employee, Cummins Unit, Arkansas Department of Correction) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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James G. Ellingburg v. A. G. Lucas, Correctional Employee, Cummins Unit, Arkansas Department of Correction, 518 F.2d 1196, 1975 U.S. App. LEXIS 14033 (8th Cir. 1975).

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Opinion

*1197 PER CURIAM.

The plaintiff, an Arkansas state prisoner, appeals from the dismissal of an action for damages under 42 U.S.C. § 1983 brought against a prison employee. In his complaint, plaintiff alleged the defendant defamed his reputation by calling him an obscene name. We affirm.

Damages for defamation are not recoverable under § 1983 because a defamed person has not been deprived of any right, privilege or immunity secured to him by the Federal Constitution or laws of the United States. See Morey v. Independent School Dist., 429 F.2d 428 (8th Cir. 1970), affirming, 312 F.Supp. 1257, 1262 (D.Minn.1969); Azar v. Conley, 456 F.2d 1382, 1388-1389 (6th Cir. 1972); Heller v. Roberts, 386 F.2d 832 (2d Cir. 1967).

Judgment is affirmed.

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*1197 PER CURIAM.

The plaintiff, an Arkansas state prisoner, appeals from the dismissal of an action for damages under 42 U.S.C. § 1983 brought against a prison employee. In his complaint, plaintiff alleged the defendant defamed his reputation by calling him an obscene name. We affirm.

Damages for defamation are not recoverable under § 1983 because a defamed person has not been deprived of any right, privilege or immunity secured to him by the Federal Constitution or laws of the United States. See Morey v. Independent School Dist., 429 F.2d 428 (8th Cir. 1970), affirming, 312 F.Supp. 1257, 1262 (D.Minn.1969); Azar v. Conley, 456 F.2d 1382, 1388-1389 (6th Cir. 1972); Heller v. Roberts, 386 F.2d 832 (2d Cir. 1967).

Judgment is affirmed.

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518 F.2d 1196, 1975 U.S. App. LEXIS 14033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-g-ellingburg-v-a-g-lucas-correctional-employee-cummins-unit-ca8-1975.

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