Craven

ORDER DISMISSING COMPLAINT AND CAUSE OF ACTION

Plaintiff, a state prisoner, brings a suit for “exemplary damages” under the Civil Rights Act. It appears that plaintiff, while on parole, was convicted of battery, a misdemeanor, on his plea of guilty and served 20 days. His parole was revoked. He sues various state officials and the Department of Corrections and Adult Authority, claiming that the parole revocation subjected him to double punishment, that he was denied counsel at the parole revocation hearing, and -that he did not receive the same treatment accorded to rich citizens.

Plaintiff asks for $2 million.

The Attorney General made a motion to dismiss the complaint and cause of action, and the motion having come on for hearing on October 2,1967, and the court being fully advised in the premises, and good cause appearing therefore, the court makes the following findings of fact:

FINDINGS OF FACT

1. In March of 1967, plaintiff was on parole by the State of California;

2. He pleaded guilty to battery, a misdemeanor, was convicted, and sentenced to $100 or 20 days, and served the 20 days; and

3. As a result of this incident, his parole was revoked.

From these facts the…