Opinion of the Court — Mack v. Carter

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Type: Opinion of the Court
Filed: June 21, 2002
Case: Mack v. Carter
Case status: Decided

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ORDER Clydell Mack, an Ohio state prisoner, appeals pro se a district court order dismissing his civil rights action filed under 42 U.S.C. § 1983 for failure to state a claim, pursuant to 28 U.S.C. § 1915 (e)(2)(B). This case has been referred to a panel of the court pursuant to Rule 34(j)(1), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a). Mack filed this action against the warden and the acting deputy warden of his place of confinement. His complaint alleged that, on January 4, 2001, he was beaten with a baton by a corrections officer while restrained in shackles and belly chains. He was subsequently found guilty of fighting the officer and placed in punitive segregation for six months. His complaint was that the named defendants had approved his conviction and disciplinary placement, and had approved other allegedly frivolous misconduct reports against him. The district court dismissed the complaint for failure to state a claim because the named defendants could not be held hable on the basis of respondeat superior. This appeal followed. Upon consideration, we conclude that the order dismissing t…

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