Justia Federal District Court Opinions

Plaintiff, an inmate at the Huntingdon Correctional Institution, has appealed from an order of the district court dismissing his civil rights action against Walter Weller, a guard, as frivolous and without merit.

The complaint broadly charges, inter alia, that Weller harassed the plaintiff by threatening him; that he caused mental distress by assigning the plaintiff to a cell below the cell of a boisterous prisoner; and that Weller took away plaintiff's notes of testimony.

This court has stressed that complaints in civil rights cases must "contain . . . a short and plain statement of the claim . . . and . . . the relief . . ." sought. F.R.Civ.P. 8(a)(2) and (3); Gaito v. Ellenbogen, 425 F.2d 845 (3d Cir. 1970).

The broad and conclusory statements made in plaintiff's complaint are not supported by specific factual allegations.¹ Therefore, the complaint fails to meet the test set forth in Negrich v. Hohn, 379 F.2d 213 (3d Cir. 1967), that a complaint must specifically state facts in support of its conclusions in order to avoid a motion to dismiss. See Kauffman v. Moss, 420 F.2d 1270 (3d Cir. 1970).

The order of the district court will be affirmed.