Richard E. Loux v. B. J. Rhay, Warden

(dissenting).

In my opinion, the majority opinion does not make a correct disposition of this appeal. Since the appeal deals with reoccurring procedural problems involving pro se complaints under the Civil Rights Act, I believe a rather comprehensive statement of my views is called for.

Richard E. Loux, proceeding pro se and in forma pauperis, filed his original complaint on May 20, 1965. He named, as defendants, the State of Washington and five officials of the Washington State Penitentiary.

Since the district court dismissed this complaint on the ground that it did not state a claim upon which relief could be granted, a complete statement of the factual allegations is necessary. Loux has been a prisoner in Washington State Penitentiary since late 1961 or early 1962, following his conviction for the crime of attempted ear theft, and his subsequent conviction for escape from the King County jail while awaiting transfer to the penitentiary.

He was sentenced to a maximum term of five years imprisonment for attempted car theft, and a maximum term of ten years for escape, the two sentences to run concurrently. The Washington State Board of Prison Terms and Parole thereafter fixed…

Appellant, an inmate of Washington State Penitentiary, filed an in forma pau-peris complaint with the United States District Court for the Eastern District of Washington, seeking damages in the amount of $1,500,000.00 from the State of Washington and several individuals, including the Warden and the Doctor of the prison.

He cited 28 U.S.C. § 1343 as conferring jurisdiction in the District Court, *57 and alleged that he had “undergone cruel and unusual treatment” when the defendants, in violation of the Statutes of the State of Washington, placed him in a ■“strip cell” without a bed or covering ■of blankets or garments of any kind. He also alleged he was denied a complete medical examination when requested, and was refused medication for an active “duodenal ulcer”.

The District Court dismissed the complaint for failure to state a claim upon which relief may be granted. The appellant then filed an amended complaint and documents denominated as follows: (1) Petition for a change of Venue; (2) Demand for change of place of trial; (3) Notice of motion for change of Venue; (4) Motions for a Writ of Ha-beas Corpus Ad Testificandum; (5) Motion for subpoenas in Forma pauperis; (6) Motion…

375 F.2d 55 Richard E. LOUX, Appellant, v. B. J. RHAY, Warden et al., Appellees. No. 20603. United States Court of Appeals Ninth Circuit. March 6, 1967. 1 Richard E. Loux, in pro. per. 2 John J. O'Connell, Atty. Gen., Olympia, Wash., for appellees. 3 Before CHAMBERS and HAMLEY, Circuit Judges, and BYRNE, District Judge. 4 BYRNE, District Judge. 5 Appellant, an inmate of Washington State Penitentiary, filed an in forma pauperis complaint with the United States District Court for the Eastern District of Washington, seeking damages in the amount of $1,500,000.00 from the State of Washington and several individuals, including the Warden and the Doctor of the prison. 6 He cited 28 U.S.C. 1343 as conferring jurisdiction in the District Court, and alleged that he had 'undergone cruel and unusual treatment' when the defendants, in violation of the Statutes of the State of Washington, placed him in a 'strip cell' without a bed or covering of blankets or garments of any kind. He also alleged he was denied a complete medical examination when requested, and was refused medication for an active 'duodenal ulcer'. 7 The District Court dismissed the complaint for failure to state a claim upon…