Jerry S. Diamond v. Peter J. Pitchess, Sheriff

Appellant Diamond, presently an inmate of a California state prison, filed a “Complaint for Damages and Injunction for Violation of Civil Rights” against the State of California, the County of Los Angeles, the Sheriff of Los Angeles County, various named deputy sheriffs, and an unnamed male nurse. The complaint alleged numerous acts of mistreatment inflicted upon appellant in 1966 while he was in state custody. The alleged facts would, if true, support Diamond’s claim for civil relief against the named individual defendants. See 42 U.S.C. §§ 1983 , 1985, 1986. See also 28 U.S.C. § 1343 .. On June 5, 1967, the District Court, sua sponte, ordered that the complaint be filed without prepayment of filing fees, that no summons issue, and that the action be dismissed. Diamond’s appeal challenges the order of dismissal.

The District Court has.the discretion to dismiss proceedings in forma pauperis “if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious.” 28 U.S.C. § 1915 (d). Diamond’s poverty 5is not in question. We noted in Williams v. Field, 394 F.2d 329, 331 (9 Cir.), cert. denied, 393 U.S. 891 , 89 S.Ct. 213 , 21 L.Ed.2d 171 (1968), that…