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Wilson v. Prasse

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: December 16, 1968.

PERLEY WILSON, APPELLANT,
v.
ARTHUR T. PRASSE, COMMISSIONER OF CORRECTION, COMMONWEALTH OF PENNSYLVANIA, HARRISBURG, PENNSYLVANIA, JAMES F. MARONEY, SUPERINTENDENT, NORBERT E. WELCH, DEPUTY SUPERINTENDENT, WILLIAM C. SCHNUPP, NOTARY PUBLIC, STATE CORRECTIONAL INSTITUTION, PITTSBURGH, PENNSYLVANIA

McLaughlin, Staley and Van Dusen, Circuit Judges.

Author: Per Curiam

Opinion OF THE COURT

This case is before the court on appeal by a state prisoner from a District Court order dismissing his action under the Civil Rights Acts (42 U.S.C. §§ 1981-3 and 1985(3)) seeking (1) an injunction to restrain the Commissioner of Corrections and certain prison officials of the State Correctional Institution at Pittsburgh from denying (a) his right to exercise his religious belief, and (b) his right of access to the courts, and (2) actual and punitive damages for such alleged denials of his civil rights.*fn1

Insofar as appellant complains of alleged denial of his right of access to the courts, the record shows that the many civil actions instituted by appellant in the federal and state courts supported the conclusion of the District Court that the contention that appellant had been denied access to the courts was frivolous.*fn2 See 28 U.S.C. § 1915(d).

The allegations on page 4 of plaintiff's Complaint that he was denied permission to exercise his religious beliefs in any manner, giving specific examples of such denial,*fn3 state a cause of action under 42 U.S.C. § 1983, of which the District Court had jurisdiction under 28 U.S.C. § 1343. See Cooper v. Pate, Warden, 378 U.S. 546, 84 S. Ct. 1733, 12 L. Ed. 2d 1030 (1964). Under these circumstances, the order of the District Court, dismissing the action, will be vacated and the case will be remanded to the District Court for further proceedings in accordance with this opinion.


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