Monroe v. Pape, 365 U.S. 167, 81 S. Ct. 473, 5 L. Ed. 2d 492 (1961), brought § 1983 into the field of tort litigation. The constitutional rights there violated by police officers were freedom from illegal arrest, unreasonable search and seizure, and severe mistreatment while under arrest. In Monroe the actions of the police officers acting under color of state law deprived the citizen plaintiffs of rights secured to them by the Constitution and made applicable to the states by the Fourteenth Amendment.
Likewise, in Basista v. Weir, 340 F.2d 74 (3d Cir. 1965), relied on by plaintiff, the constitutional violations there alleged were unlawful arrest and detention, denial of bail, medical assistance and counsel by Pennsylvania police officers clothed with authority of state law.
In both Monroe and Basista the torts consisted of willful unconstitutional acts by officers under color of state law which deprived the plaintiff prisoners of federally protected rights.
We think state prison officials should not be held liable under § 1983 in a federal court except for unconstitutional conduct and actions in the performance of their official duties and where a clear showing is made of a violation of some federal constitutional right secured to a prisoner as distinguished from the unintentional invasion of the private right of the prisoner to be protected from physical harm.
Even in cases of intentional assaults inflicting injuries by state prison officials upon prisoners, it has been held that the latter could not maintain actions in federal District Courts under the Civil Rights Act. Cole v. Smith, 344 F.2d 721 (8th Cir. 1965); United States ex rel. Atterbury v. Ragen, 237 F.2d 953 (7th Cir. 1956).
In the light of the averments of the complaint, none of the plaintiff's constitutional rights have been invaded by the defendants, - no federal rights possessed by plaintiff were trespassed upon by the defendants acting under color of state law.
An appropriate order will be entered.