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Charles Allison v. Lawrence E. Wilson, Warden

Charles ALLISON, Petitioner-Appellant, v. Lawrence E. WILSON, Warden, Et Al., Respondents-Appellees

Allison v. Wilson, 434 F.2d 646 (9th Cir. 1970)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
December 29, 1970
Docket
No. 24110_1
Judges
Browning, Duniway, Per Curiam, Trask
Citations
434 F.2d 646

Opinion — Per Curiam

PER CURIAM:

Charles Allison, a California State prisoner, appeals from the dismissal of his civil rights action against his warden and two prison guards.

1

In his present complaint, Allison alleged that he was physically abused by prison guards Hayes and Thomas on two separate instances. The complaint does not indicate that the punishment was in any manner related to jail discipline.

Under identical circumstances, we have held that such a complaint states a cause of action under the Civil Rights Act, 42 U.S.C. § 1983 . Allison v. California Adult Auth., 9 Cir., 1969, 419 F.2d 822 ; Wiltsie v. California Dep’t of Corrections, 9 Cir., 1968, 406 F.2d 515 ; Dodd v. Spokane County, 9 Cir. 1968, 393 F. 2d 330 ; Brown v. Brown, 9 Cir., 1966, 368 F.2d 992 . Although the appellees ask us to re-examine this line of cases, we decline to do so.

Appellees also contend that the district court properly dismissed the first cause of action because plaintiff failed to allege that the injury was inflicted “intentionally.” Specific intent to violate constitutional rights is not a necessary element under Section 1983, see Monroe v. Pape, 1961, 365 U.S. 167, 187 , 81 S.Ct. 473 , 5 L.Ed.2d 492 , and William v. Field, 9 Cir., 1969, 416 F.2d 483, 485 . It is not necessary for us to consider whether negligent conduct may support a claim under Section 1983. Here the allegation that Hayes, after saying “I will show you some new rules,” slammed a steel door shut, hitting Allison on the *648 back, is a sufficient allegation of intentional conduct.

The case is remanded to the district court for further proceedings. On remand, the district court may consider dismissal of the proceeding under 28 U.S.C. § 1915 (d) if it is satisfied that the action is frivolous or malicious. See Allison v. California Adult Auth., supra, 419 F.2d at 823-824 .

1

. Allison’s litigious propensities against his keepers were noted in another appeal by him in this court, Allison v. California Adult Auth., 1969, 419 F.2d 822 . See also Allison v. Wilson, 1967, N.D.Cal., 277 F.Supp. 271 .

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Cited by 17 cases

View all citing references →
1971: 21972: 11973: 11974: 21975: 31976: 11979: 11980: 11981: 11983: 11986: 11987: 11992: 119712026peak 1975 · 3

Relies on it most ⓘ

  1. Levoy Jasper Meredith v. State of Arizona523 F.2d 481 (9th Cir. 1975)
  2. Kenneth Gaut v. Franklin Sunn, Director of Social Services and Housing810 F.2d 923 (9th Cir. 1987)
  3. Jones v. Bales58 F.R.D. 453 (N.D. Ga. 1972)
  4. Philip Caballero v. City of Concord Concord Police Dept. R. Perryman R. MacCaro956 F.2d 204 (9th Cir. 1992)
  5. Apolinar Navarette, Jr., AKA Paul Medel Navarette v. Jiro J. Enomoto536 F.2d 277 (9th Cir. 1976)
  6. Clark v. Zimmerman394 F. Supp. 1166 (M.D. Penn. 1975)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
Allison v. Cal. Adult Auth., 419 F.2d 822 (9th Cir. 1969) 94
Monroe v. Pape, 365 U.S. 167 (1961) 3,951
John Williams v. Harold v. Field, Etc., 416 F.2d 483 (9th Cir. 1969) 45
Brown v. Brown, 368 F.2d 992 (9th Cir. 1966) 32
Allison v. Wilson, 277 F. Supp. 271 (N.D. Cal. 1967) 14
Wiltisie v. Cal. Dep't Of Corr., 406 F.2d 515 (9th Cir. 1969) 7

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