Public-domain · open source
OpenJurist

808 F.2d 1142

Docket No. 86-2633

Bowie v. Procunier

Fifth Circuit Court of Appeals

Decided Feb. 5, 1987.

Fifth Circuit Court of Appeals · decided 1987-02-05

2 counsel of record

Relies on Estelle v. Gamble · Daniels v. Williams · Village of Arlington Heights v. Metropolitan Housing Development Corp.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1987-02-05

How this case has been cited

Cited by 6 later decisions — most recently January 2017

1 federal appellate ·

201987199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Summary Calendar.

¶2Elisha Bowie, Pro se.

¶3Adrian L. Young, Jim Mattox, Atty. Gen., Austin, Tex., for defendants-appellees.

¶4*1143Before GEE, RUBIN, and JOLLY, Circuit Judges.

¶5PER CURIAM:

¶6Bowie, 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.

¶7Bowie’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).

¶8AFFIRMED.

/808/f2d/1142 · .json · Public domain