Daniel Dewitt v. Officer R. F. Pail, Wesley M. Young, Assistant Superintendent, Southern Conservation Center

Daniel DeWitt, a California state prisoner, brought this civil rights action against two prison officials to recover damages in the sum of $20,000 and to obtain his release from custody. The defendants are R. F. Pail, an officer stationed at the Chino Guidance Center of the California Department of Corrections, and Wesley M. Young, Assistant Superintendent of another California state prison facility which DeWitt describes as “Southern Conservation Center, Department of Corrections.” On motion of the defendants the district court dismissed the action. DeWitt appeals.

In his complaint DeWitt alleged, in effect, that as an asserted disciplinary measure because DeWitt was purportedly assisting other prisoners with their legal problems, Officer Pail, acting under authority of state law, on March 10,1965, confiscated legal papers which DeWitt had in his cell. These papers included a copy of a transcript and other documents which DeWitt needed in taking an appeal from his state judgment of conviction to the California District Court of Appeal, Second District, which appeal was docketed as No. 10623.

Because of the confiscation of these documents, DeWitt alleged, he was disabled from…