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451 F.2d 1020

Docket No. 71-2537

Tolbert v. Bragan

Fifth Circuit Court of Appeals

Decided Nov. 24, 1971.

Fifth Circuit Court of Appeals · decided 1971-11-24

Cited by 39 later decisions (1 by the Supreme Court) — most recently February 1988 · most notably Johnson v. Glick (1973), Gilmere v. City of Atlanta (1985)

31 federal appellate · 1 district ·

1 counsel of record

Key passage — most relied on by later courts

“(s)evere physical abuse of prisoners by their keepers without cause or provocation”

quoted by 1 later decision, including Williams v. Kelley

Applies 42 U.S.C. § 1981 (Civil Rights Act of 1866)

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Collum v. Butler · Wiltsie v. California Department of Corrections

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-11-24

View the full empirical analysis of this case →

¶1Summary Calendar.*

¶2George Tolbert, Jr., pro se.

¶3Before GEWIN, GOLDBERG, and DYER, Circuit Judges.

¶5PER CURIAM:

¶6George Tolbert, Jr., appeals from the district court’s denial of leave to file his Civil Rights1 complaint in forma paw-peris without requiring any responsive pleading of the defendants. We reverse and remand.

¶7Tolbert is presently serving a sentence in a federal prison. He alleges that he was taken from there to the Jefferson County, Alabama, jail on a writ of ha-beas corpus ad prosequendum to answer state criminal charges against him. After disposition of these charges and while awaiting transportation back to federal prison, Tolbert alleges that five jailers beat him severely about the head and body with blackjacks, leaving him badly injured. He alleges that the beating was done under color of state law and racially motivated. Tolbert alleges that the white jailers beat him, a black man, “for sheer sport and/or to satisfy their racist egos.”

¶8The district court held that these are “merely allegations of assault and battery and do not involve federal constitutional questions. These are matters which, if true, are within the province of prison officials or state courts of the State of Alabama.”

¶9We do not agree. Tolbert has alleged more than a mere matter of prison administration or of state law. Severe physical abuse of prisoners by their keepers without cause or provocation is actionable under the Civil Rights Act. See Lowe v. Warden, 5 Cir. 1971, 450 F. 2d 9; Collum v. Butler, 7 Cir. 1970, 421 F.2d 1257; Allison v. California *1021Adult Authority, 9 Cir. 1969, 419 F.2d 822; Wiltsie v. California Department of Corrections, 9 Cir. 1968, 406 F.2d 515.

¶10The order of the district court denying Tolbert’s motion for leave to file his complaint in forma pauperis is reversed and the cause is remanded for further appropriate proceedings.

¶11Reversed and remanded.

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