Joseph M. Aragon v. R. A. Wathen and C. A. Young

Ninth Circuit

Joseph M. Aragon v. R. A. Wathen and C. A. Young

352 F.2d 77

CourtCourt of Appeals for the Ninth Circuit

DecidedDecember 6, 1965

Docket20149

StatusPublished

Cited by3 cases

This text of 352 F.2d 77 (Joseph M. Aragon v. R. A. Wathen and C. A. Young) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Joseph M. Aragon v. R. A. Wathen and C. A. Young, 352 F.2d 77 (9th Cir. 1965).

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Opinion

PER CURIAM.

This appeal is from dismissal of a complaint asserting a claim under the Civil Rights Acts. 42 U.S.C. §§ 1983, 1985 and 28 U.S.C. § 1343. The appellant is a prisoner under conviction by a state court, and he alleges that prison authorities, the appellees, conspired to prevent his converting a government bond into cash. He asserts that he was thereby unlawfully deprived of a constitutional right.

The District Court properly dismissed the action. Appellant’s grievance is not of such quality as will support a claim for relief under the Civil Rights Acts. It appears to arise from exercise of regulatory supervision which, *78 absent a showing of unmistakable abuse, must rest within the discretion of prison officials. See United States ex rel. Wagner v. Ragen, 213 F.2d 294 (7th Cir.), cert. denied, 348 U.S. 846, 75 S.Ct. 68, 99 L.Ed. 667 (1954); Adams v. Ellis, 197 F.2d 483 (5th Cir. 1952); Stroud v. Swope, 187 F.2d 850 (9th Cir.), cert. denied, 342 U.S. 829, 72 S.Ct. 53, 96 L.Ed. 627 (1951).

Affirmed.

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PER CURIAM.

This appeal is from dismissal of a complaint asserting a claim under the Civil Rights Acts. 42 U.S.C. §§ 1983, 1985 and 28 U.S.C. § 1343. The appellant is a prisoner under conviction by a state court, and he alleges that prison authorities, the appellees, conspired to prevent his converting a government bond into cash. He asserts that he was thereby unlawfully deprived of a constitutional right.

The District Court properly dismissed the action. Appellant’s grievance is not of such quality as will support a claim for relief under the Civil Rights Acts. It appears to arise from exercise of regulatory supervision which, *78 absent a showing of unmistakable abuse, must rest within the discretion of prison officials. See United States ex rel. Wagner v. Ragen, 213 F.2d 294 (7th Cir.), cert. denied, 348 U.S. 846, 75 S.Ct. 68, 99 L.Ed. 667 (1954); Adams v. Ellis, 197 F.2d 483 (5th Cir. 1952); Stroud v. Swope, 187 F.2d 850 (9th Cir.), cert. denied, 342 U.S. 829, 72 S.Ct. 53, 96 L.Ed. 627 (1951).

Affirmed.

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352 F.2d 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-m-aragon-v-r-a-wathen-and-c-a-young-ca9-1965.

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