Stephen R. Mattatall v. A.t. Wall

[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 01-2666
STEPHEN R. MATTATALL,
Plaintiff, Appellant,
v.
A.T. WALL, ET AL.,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Ernest C. Torres, U.S. District Judge]
Before
Selya, Lynch and Lipez,
Circuit Judges.
Stephen Mattatall on brief pro se.
Patricia A. Coyne-Fague on Motion for Summary Affirmance for
appellees.
May 3, 2002

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1 The denied motions include the appellant’s motions for
default judgment, summary judgment, and a writ of mandamus.
-2-
Per Curiam. We grant the appellees’ motions to
remove the default and for summary disposition, and we deny the
appellant’s correlative motions.1
After carefully considering the record and briefs on
appeal, we affirm the lower court’s judgment substantially for
the reasons stated below. The appellant failed to allege facts
suggesting that the appellees engaged in intentional misconduct
or acted with reckless or callous indifference to
constitutional rights. Neither Appellee Wall’s status as
correction’s director nor his alleged negligence in supervising
and hiring prison staff suffices as a predicate for personal
liability under 42 U.S.C. § 1983. Germany v. Vance, 868 F.2d
9, 17-19 (1st Cir. 1989); Gutierrez-Rodriguez v. Cartagena, 882
F.2d 553, 560-62 (1st Cir. 1989). Similarly, the appellant did
not allege sufficient facts to state cognizable claims against
the prison librarian or education director. By like token, he
presented no proper basis for amending the complaint.
Affirmed. Loc. R. 27(c).

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