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People v. Sharp

decided: December 28, 1971.

THE PEOPLE OF THE UNITED STATES OF AMERICA JAMES J. CARR, APPELLANT,
v.
THELMA SHARP, PRESIDENT OF THE NEW JERSEY STATE CIVIL SERVICE COMMISSION, ET AL.



Van Dusen and James Rosen, Circuit Judges, and Becker, District Judge.

Author: Per Curiam

Opinion OF THE COURT

Petitioner Carr was a senior inhalation therapist at Roosevelt Hospital, Fords, New Jersey. On August 5, 1966, he was dismissed for insubordination to the Superintendent-Medical Director of the hospital.*fn1 His dismissal was subsequently sustained by the Civil Service Commission of the State of New Jersey and the Appellate Division of the New Jersey Superior Court. Petitioner then filed a complaint in the United States District Court, alleging that his dismissal violated his constitutional rights. Judge Coolahan of the District Court dismissed his complaint, by an order dated Setpember 28, 1970, for failure to state a claim for which relief could be granted under 42 U.S.C. § 1983 and § 1985. This appeal followed.

Petitioner now alleges a wide variety of injustices,*fn2 but the thrust of his complaint is that the discharge violated the Due Process Clause of the Fourteenth Amendment and the Civil Rights Act, 42 U.S.C. § 1983 and § 1985.

Because he is proceeding pro se, we construe his complaint in the way most favorable to him.*fn3 Nonetheless, after resolving all ambiguities in favor of Mr. Carr, we find that his claims lack factual support. His due process claim fails because shortcomings, if any, of his hearing before the Hospital Board were remedied by the hearing de novo before the New Jersey Civil Service Commission*fn4 and review by that State's Appellate Division.*fn5 The petitioner was represented by retained counsel on both occasions.

The civil right allegations are unsupported by any substantial facts.*fn6 The conclusory complaint was properly dismissed by the District Court for failure to state a claim for which relief can be granted. Oliver v. Governor of State of Pennsylvania, 442 F.2d 1347 (3d Cir. 1971); Gaito v. Ellenbogen, 425 F.2d 845 (3d Cir. 1970); Goslee v. Crawford, 411 F.2d 1200 (3d Cir. 1969); Negrich v. Hohn, 379 F.2d 213 (3d Cir. 1967); United States ex rel. Hoge v. Bolsinger, 311 F.2d 215 (3d Cir. 1962), F.R.Civ.P. 8(a).

The judgment will be ...


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