James R. Durham, Jr. v. Fed. Prison Indus., & Doctor J. F. Alderete, 464 F.2d 1026 (5th Cir. 1972). · Go Syfert
James R. Durham, Jr. v. Fed. Prison Indus., & Doctor J. F. Alderete, 464 F.2d 1026 (5th Cir. 1972). Cases Citing This Book View Copy Cite
2 citation events across 2 distinct courts.
Strongest positive: Davis v. United States (ksd, 1976-03-25)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" Davis v. United States
D. Kan. · 1976 · signal: see · confidence high
See Durham v. Federal Prison Industries, 464 F.2d 1026 (5th Cir. 1972); Thompson v. United States, Federal Prison Industries, 492 F.2d 1082 (5th Cir. 1974). 3 . 28 C.F.R. § 301.2 provides: Medical attention.
Retrieving the full opinion text from the archive…
James R. DURHAM, Jr., Petitioner-Appellant,
v.
FEDERAL PRISON INDUSTRIES, and Doctor J. F. Alderete, Respondents-Appellees
72-1847.
Court of Appeals for the Fifth Circuit.
Jul 28, 1972.
464 F.2d 1026
James R. Durham, Jr., pro se., John W. Stokes, Jr., U. S. Atty., Anthony M. Arnold, George H. Connell, Jr., Asst. U. S. Atty., Atlanta, Ga., for respondents-appellees.
Bell, Dyer, Clark.
Cited by 2 opinions  |  Published
PER CURIAM:

Durham, an inmate of the United States Penitentiary at Atlanta, Georgia, appeals the district court’s denial of his claim for accident compensation against the Federal Prison Industries (FPI), 28 C.F.R. § 301.7. Finding no clear error in the ruling below, we affirm.

In the district court, Durham sought $90,000 for accident compensation and back pay arising out of an alleged injury which resulted from his work assignment in the prison's Basket Shop. He claimed that his back was injured sometime between November 16, 1970, and November 20, 1970, when he lifted a 235 pound sewing machine.

After correctly concluding that Durham had the right to seek judicial review from the FPI’s denial of his claim (5 U.S.C.A. § 702, Abbott Laboratories v. Gardner, 1967, 387 U.S. 136, 141, 87 S.Ct. 1507, 18 L.Ed.2d 681), the district court held that “in the absence of a showing that the FPI rendered its decision in disregard of compelling medical evi[*1027] dence, its decision must stand.” 5 U.S. C.A. § 706.

On the basis of all the medical reports filed in response to the complaint, and Durham’s failure to produce any objective proof of an injury resulting from his industrial work assignment, the district court did not err in its denial of relief under 28 C.F.R. § 301. The denial of Durham’s claim for back wages was similarly proper since the record shows that Durham’s own pleadings belie his contention that he has not been paid his industrial wage during the relevant period.

Affirmed.