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Bowie v. Procunier

United States Court of Appeals, Fifth Circuit
Feb 5, 1987
808 F.2d 1142 (5th Cir. 1987)

Summary

holding that a prisoner's allegation of negligence was insufficient to state a claim under either the Due Process Clause, the Equal Protection Clause, or the Eighth Amendment

Summary of this case from Shields v. Whitfield

Opinion

No. 86-2633. Summary Calendar.

February 5, 1987.

Elisha Bowie, Pro se.

Adrian L. Young, Jim Mattox, Atty. Gen., Austin, Tex., for defendants-appellees.

Appeal from the United States District Court for the Eastern District of Texas.

Before GEE, RUBIN, and JOLLY, Circuit Judges.


Bowie, a Texas prisoner, brought this tort suit in the form of a civil rights action against the head of the prison system and his unit's warden. His complaint is that a piece of bark put one of his eyes out while he was chopping wood because prison authorities did not provide adequate safety equipment to workers such as he, his demand one for several millions of dollars in actual and punitive damages. The trial court dismissed his action for failure to state a claim. Fed.R.Civ.P. 12(b)(6). We affirm.

Bowie's complaint alleges in essence that he was injured because of negligence on the part of prison officials and that as a result he has been denied due process and equal protection of the laws, as well as subjected to cruel and unusual punishment. It is settled "that the Due Process Clause is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty, or property." Daniels v. Williams, ___ U.S. ___, ___, 106 S.Ct. 662, 663, 88 L.Ed.2d 662, 666 (1986). Nor is the Equal Protection Clause, Arlington Heights v. Metro Housing Dev. Corp., 429 U.S. 252, 97 S.Ct. 555, 50 L.Ed.2d 450 (1977) (invidious discriminatory purpose required for claim of racial discrimination under the Equal Protection Clause), or the Eighth Amendment's prohibition of cruel and unusual punishment. Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976) ("deliberate indifference" to prisoner's serious illness or injury required for breach of Eighth Amendment).

AFFIRMED.


Summaries of

Bowie v. Procunier

United States Court of Appeals, Fifth Circuit
Feb 5, 1987
808 F.2d 1142 (5th Cir. 1987)

holding that a prisoner's allegation of negligence was insufficient to state a claim under either the Due Process Clause, the Equal Protection Clause, or the Eighth Amendment

Summary of this case from Shields v. Whitfield

holding that neither the Due Process Clause, Equal Protection Clause, nor the Eighth Amendment prohibition against cruel and unusual punishment are implicated by a prison official's negligent conduct

Summary of this case from Delgado v. U.S. Marshal

affirming dismissal of complaint alleging failure to provide adequate safety equipment and where a piece of bark put out one of the inmate-plaintiff's eyes while chopping wood

Summary of this case from Beenick v. Lefebvre

chopping wood

Summary of this case from Estate of Davenport v. Mississippi Department of Corr

In Bowie v. Procunier, 808 F.2d 1142 (5th Cir. 1987), inmate Elisha Bowie brought suit because prison officials did not provide adequate safety equipment to protect him at work, with the result that he lost an eye while chopping wood.

Summary of this case from Clerkley v. Roberts

In Bowie v. Procunier, 808 F.2d 1142 (5th Cir. 1987), the Magistrate Judge observed that the inmate plaintiff had lost an eye as a result of prison officials' failure to provide proper safety equipment, but the Fifth Circuit determined that this did not set out a constitutional violation because the claim was one of negligence.

Summary of this case from Langley v. Byerly

In Bowie, the claim involved the chopping of wood, using an axe, which is no less dangerous than the use of a saw, but the Fifth Circuit nonetheless held that the failure to provide safety equipment amounted to negligence rather than deliberate indifference.

Summary of this case from Langley v. Byerly
Case details for

Bowie v. Procunier

Case Details

Full title:ELISHA BOWIE, PLAINTIFF-APPELLANT, v. RAYMOND PROCUNIER, DIRECTOR, TEXAS…

Court:United States Court of Appeals, Fifth Circuit

Date published: Feb 5, 1987

Citations

808 F.2d 1142 (5th Cir. 1987)

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