Stack v. Martinez

Utah Supreme Court

Stack v. Martinez

639 P.2d 154, 1981 Utah LEXIS 924

CourtUtah Supreme Court

DecidedDecember 8, 1981

DocketNo. 17878

StatusPublished

This text of 639 P.2d 154 (Stack v. Martinez) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stack v. Martinez, 639 P.2d 154, 1981 Utah LEXIS 924 (Utah 1981).

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Opinion

PER CURIAM:

Appellant, a prisoner at the Utah State Prison, brought this action against respondent, a guard at the prison, pursuant to 42 U.S.C. § 1983, alleging that his Eighth Amendment Constitutional rights had been violated. The question presented is whether the conduct of respondent, assuming the facts in appellant’s favor,¹ is such as to constitute cruel and unusual punishment.

The facts, as alleged by appellant, are that respondent offered to illegally provide appellant with controlled substances if appellant would perform fellatio upon respondent. Respondent denies this allegation. On behalf of respondent, the State contends that even assuming the truthfulness of appellant’s claim, it is not actionable under § 1983.²

While appellant may have some basis for bringing an action in tort, it does not necessarily follow that the alleged action constitutes cruel and unusual punishment. The prohibition against such punishment is directed towards the type of punishment imposed for the violation of a criminal statute,³ rather than some incident or circumstance unassociated with the actual punishment.⁴

Here, the alleged conduct, although perhaps resulting from appellant’s confinement, is not incidental to the punishment for his criminal activity. Accordingly, we affirm the lower court’s dismissal for failure to state a claim upon which relief could be granted.⁵

STEWART, J., concurs in the result.

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PER CURIAM:

Appellant, a prisoner at the Utah State Prison, brought this action against respondent, a guard at the prison, pursuant to 42 U.S.C. § 1983, alleging that his Eighth Amendment Constitutional rights had been violated. The question presented is whether the conduct of respondent, assuming the facts in appellant’s favor,¹ is such as to constitute cruel and unusual punishment.

The facts, as alleged by appellant, are that respondent offered to illegally provide appellant with controlled substances if appellant would perform fellatio upon respondent. Respondent denies this allegation. On behalf of respondent, the State contends that even assuming the truthfulness of appellant’s claim, it is not actionable under § 1983.²

While appellant may have some basis for bringing an action in tort, it does not necessarily follow that the alleged action constitutes cruel and unusual punishment. The prohibition against such punishment is directed towards the type of punishment imposed for the violation of a criminal statute,³ rather than some incident or circumstance unassociated with the actual punishment.⁴

Here, the alleged conduct, although perhaps resulting from appellant’s confinement, is not incidental to the punishment for his criminal activity. Accordingly, we affirm the lower court’s dismissal for failure to state a claim upon which relief could be granted.⁵

STEWART, J., concurs in the result.

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639 P.2d 154, 1981 Utah LEXIS 924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stack-v-martinez-utah-1981.

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