McKinney

MEMORANDUM AND ORDER

Plaintiffs Mervin McKinney and Nolan Wimberley, both state prisoners at the California State Prison at Folsom, and Mrs. Viola McKinney, Mervin McKinney’s mother, have filed suit under the Civil Rights Act, 42 U.S.C. section 1983 , against twenty-three employees of the state’s prison system and against a publishing company and one of its employees.

On motion of the publishing company and its employee, the action was dismissed with respect to them on May 4, 1970.

Each of the state defendants filed a motion to dismiss the action under Rule 12(b) (6) and several of them filed motions for summary judgment. Plaintiff Mervin McKinney filed a countering motion for summary judgment against each of the defendants. Although no opposition to the motions for dismissal was filed, plaintiffs notified the court on August 18, 1970 in a document titled “Plaintiff’s Reply to Defendant’s Notice of Opposition and Opposition to Motion for Summary Judgment” as follows:

The matter is therefore ready for decision on each of the eleven counts pleaded by plaintiffs:

COUNT I. The first allegation is that plaintiff Mervin McKinney was apprehended providing legal assistance to several…