David Felton v. Nathan B. Rice, R.B. Seymour, Gene Cousins, 856 F.2d 186 (4th Cir. 1988). · Go Syfert
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David Felton v. Nathan B. Rice, R.B. Seymour, Gene Cousins, 856 F.2d 186 (4th Cir. 1988). Cases Citing This Book View Copy Cite
“exemplary or punitive damages may be included in determining whether a plaintiff has satisfied the amount in controversy requirement.”
164 citation events (10 in the last 25 years) across 9 distinct courts.
Strongest positive: Coffin v. TGM Associates, LP (mdd, 2021-04-02)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 6 distinct citers.
discussed Cited as authority (quoted) Coffin v. TGM Associates, LP
D. Maryland · 2021 · quote attribution · 1 verbatim quote · confidence low
exemplary or punitive damages may be included in determining whether a plaintiff has satisfied the amount in controversy requirement.
cited Cited "see" Gries v. Zimmer, Inc.
W.D.N.C. · 1992 · signal: see · confidence high
See Latimore v. University of North Carolina at Charlotte, 669 F.Supp. 1346 (W.D.N.C.1987), aff'd, 856 F.2d 186 (4th Cir.1988); see also, Wilson v. Popp Yarn Corp., 680 F.Supp. 208 (W.D.N.C.1988).
discussed Cited "see" Gries v. Zimmer, Inc.
W.D.N.C. · 1990 · signal: see · confidence high
See Latimore v. University of North Carolina at Charlotte, 669 F.Supp. 1345, 1346 (W.D.N.C.1987) (in ruling on motion for directed verdict, which requires application of same standard as motion for judgment notwithstanding verdict, court recognized that scintilla of evidence is not sufficient to allow case to proceed to jury), aff'd, 856 F.2d 186 (4th Cir.1988); Carter v. City of Miami, 870 F.2d 578, 581 (11th Cir.1989) (noting that mere scintilla of evidence fails to establish question for jury in ADEA cases).
cited Cited "see" Givens v. Commissioner
Tax Ct. · 1989 · signal: see · confidence high
See Patin v. Commissioner , 88 T.C. 1086 , 1129 (1987) , affd. sub nom. without published opinion Hatheway v. Commissioner , 856 F.2d 186 (4th Cir. 1988) , affd. sub nom.
cited Cited "see" Edward N. Gomberg and Helen E. Gomberg v. Commissioner, Internal Revenue Service
6th Cir. · 1989 · signal: see · confidence high
See Hatheway v. Commissioner, 856 F.2d 186 (4th Cir.1988); Patin v. Commissioner, 865 F.2d 1264 (5th Cir.1989) (affirming tax court as to taxpayers Patin and Epsy).
cited Cited "see, e.g." Ellington v. Commissioner
Tax Ct. · 1989 · signal: compare · confidence low
Compare Patin v. Commissioner , 88 T.C. 1086 (1987) , affd. sub nom. without published opinion Hatheway v. Commissioner , 856 F.2d 186 (4th Cir. 1988) , affd. sub nom.
David Felton
v.
Nathan B. Rice, R.B. Seymour, Gene Cousins
88-7535.
Court of Appeals for the Fourth Circuit.
Aug 22, 1988.
856 F.2d 186
Unpublished
1 passage pin-cited by 1 case
Pinpoint authority: bottom 79%
Citer courts: D. Maryland (1)

856 F.2d 186
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
David FELTON, Plaintiff-Appellant,
v.
Nathan B. RICE, R.B. Seymour, Gene Cousins, Defendants-Appellees.

No. 88-7535.

United States Court of Appeals, Fourth Circuit.

Submitted May 19, 1988.
Decided Aug. 22, 1988.

David Felton, appellant pro se.

Sylvia Hargett Thibaut, Assistant Attorney General, Office of Attorney General of North Carolina, for appellees.

Before CHAPMAN, WILKINSON, and WILKINS, Circuit Judges.

PER CURIAM:

1

David Felton, a North Carolina prisoner, brought suit under 42 U.S.C. Sec. 1983 against Nathan B. Rice, Warden of Central Prison in Raleigh, North Carolina; R.B. Seymour, Chairman of the Institutional Classification Committee at Central Prison; and Gene Cousins, Specialized Institutions Command Manager, alleging that they violated his constitutional rights. Specifically, Felton alleged that after he was placed on maximum custody status in July of 1986, he was supposed to be reviewed for classification purposes in January of 1987 and was not reviewed until March of 1987 in violation of his due process rights. The district court granted defendants' motion for summary judgment and dismissed plaintiff's claim. For the reasons stated below, we affirm.

2

The district court found that Felton's claim against Rice was based solely upon the doctrine of respondeat superior, which does not apply to suits arising under Sec. 1983. Monell v. New York City Department of Social Servs., 436 U.S. 658, 694 (1978). We agree with the district court that because Felton failed to allege any connection between Rice and a denial of Felton's constitutional rights, his claim against Rice should be dismissed. See Vinnedge v. Gibbs, 550 F.2d 926 (4th Cir.1977).

3

As against the other two defendants, the district court found that Felton failed to state a constitutional claim because plaintiff did not have a liberty interest in a timely custody classification review. We intimate no view as to whether the prison regulation created a liberty interest in a timely classification review. However, we do find that plaintiff fails to allege a Sec. 1983 claim against the remaining two defendants. Felton did not show that the two-month delay in providing the hearing was arbitrary or that the delay was attributable to other than negligence. As such, he stated no claim for relief under Sec. 1983. Davidson v. Cannon, 474 U.S. 344 (1986) (the negligent acts of prison officials do not trigger the protections of the due process clause).

4

Accordingly, we affirm the district court's denial of relief under 42 U.S.C. Sec. 1983. We dispense with oral argument because the facts and legal contentions are adequately presented in the material before the Court and argument would not aid the decisional process.

5

AFFIRMED.