Douglas Stiltner v. B. J. Rhay, Superintendent, Washington State Penitentiary at Walla Walla, Washington

Good Law
371 F.2d 420
United States Court of Appeals for the Ninth CircuitApril 10, 196720217_1California689 words

Opinion

Opinion

Koelsch, J.

The district court did not err in dismissing plaintiff’s cause on the ground that his amended complaint failed to state any claim under the Civil Rights Act ( 42 U.S.C. § 1983 ).

This court has only recently held, in Gilbert v. United States, 366 F.2d 923 (9th Cir. Sept. 16, 1966), that the constitutional guarantees against self incrimination and of equal protection are not infringed by requiring a person detained on a criminal charge to participate in a police line-up (and to speak) in or der to assist others in his identification as the perpetrator of a crime.

And the doctrine of judicial immunity protects the State trial judge (and the prosecuting attorney) from liability for preventing plaintiff from calling the assistant prosecuting attorney as a witness for the defense. Sires v. Cole, 320 F.2d 877 (9th Cir. 1963).

Finally, keeping in mind the “wide discretion” necessarily vested in state prison authorities as to the nature and extent of medical treatment of prisoners [Snow v. Gladden, 338 F.2d 999, 1000 (9th Cir. 1964)], we “find no showing here of inadequate medical care and treatment that would justify federal intervention.” United States ex rel. Lawrence v. Ragen, 323…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.