Kenneth Gaut v. Franklin Sunn, Director of Social Services and Housing

Gaut, a Hawaii state prisoner, appeals from the dismissal of his second amended complaint for failure to state a claim upon which relief can be granted. We affirm in part and reverse in part.

Gaut brought an action against state prison guards under 42 U.S.C. § 1983 (1982) for deprivation of liberty without due process of law through beatings allegedly inflicted upon him by the guards, and for denial of access to the courts through threats allegedly made by the guards. Gaut also alleged cruel and unusual punishment, a denial of medical care subsequent to the beatings, and vicarious liability on…