Harold Langdon v. Richard D. Jackson

Langdon is a California state prisoner. He sued certain police officers, the ap-pellees, basing his action upon the provisions of the Civil Rights Act, 42 U.S.C. § 1983 et seq. The District Court granted the appellees’ motions to dismiss the action, and Langdon appeals.

The motions to dismiss were based upon two specified grounds as follows: (1) That the complaint “[f Jails to state a claim upon which relief may be granted;” and (2) that the complaint '“[s]hould be dismissed at this time for the reason that said suit can be brought in a more favorable atmosphere by the Plaintiff after he has been released from a State Prison.” In support of the second ground, the appellees argued to the District Court:

The District Court’s order of dismissal recites the appellees’ claim that “the Federal Court should refrain from taking jurisdiction at this time for the reason that said suit can be brought in a more favorable atmosphere by the Plaintiff after he has again become a member of free society.”

In our court, the appellees do not undertake to sustain the District Court’s order upon the ground that the complaint did not contain an adequate statement of Langdon’s claim. They apparently…