Jack Silver v. Fred R. Dickson

This is a civil rights action commenced pursuant to Rev.Stat. § 1979 (1875), 42 U.S.C. § 1983 (1964), and other provisions of the Civil Rights Act.

The plaintiff, Jack Silver, is in California penal custody under convictions and sentences for attempted murder, possession of narcotics, and escape. He has been imprisoned since July 30, 1959, except for a few days in 1962 when he was an escapee. Silver’s sentence for escape, imposed in 1962, is an indeterminate life sentence consecutive to his sentences on the other two convictions. Silver has seven times been denied parole.

In his amended complaint, Silver named thirteen defendants, all of whom are employees of the State of California. Other papers in the file indicate that the defendants include members of the California Adult Authority and certain prison officials. Silver seeks substantial monetary damages from each defendant. He does not seek injunctive relief, nor does he seek his release from prison.

Pursuant to Rule 12(b) (6), Federal Rules of Civil Procedure, defendants moved to dismiss the action on the ground that the amended complaint fails to state a claim upon which relief can be granted. In support of their motion to…