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34 F. App'x 5

Mattatall v. A.T. Wall

U.S. Courts of Appeals

Decided May 10, 2002

U.S. Courts of Appeals · decided 2002-05-10

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Gutierrez-Rodriguez v. Cartagena · Germany v. Vance

Decided 2002-05-10

PER CURIAM.

¶1 We grant the appellees’ motions to remove the default and for summary disposition, and we deny the appellant’s correlative motions. 1

¶2 After carefully considering the record and briefs on appeal, we affirm the lower court’s judgment substantially for the reasons stated below. The appellant failed to allege facts suggesting that the appellees engaged in intentional misconduct or acted with reckless or callous indifference to constitutional rights. Neither Appellee Wall’s status as correction’s director nor his alleged negligence in supervising and hiring prison staff suffices as a predicate for personal liability under 42 U.S.C. § 1983. Germany v. Vance, 868 F.2d 9, 17-19 (1st Cir.1989); Gutierrez-Rodriguez v. Cartagena, 882 F.2d 553, 560-62 (1st Cir.1989). Similarly, the appellant did not allege sufficient facts to state cognizable claims against the prison librarian or education director. By like token, he presented no proper basis for amending the complaint.

¶3 Affirmed. Loc. R. 27(c).

1

¶4 . The denied motions include the appellant’s motions for default judgment, summary judgment, and a writ of mandamus.

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