John Williams v. Harold v. Field, Etc.

Good Law
416 F.2d 483
United States Court of Appeals for the Ninth CircuitNovember 14, 196923299California1,097 words

Opinion

Opinion

Hamlin, J.

Appellant Williams, an inmate of a California prison, brought suit in the United States District Court for the Central District of California under 42 U.S.C. § 1983 , alleging that prison officials, acting under color of state law, deprived him of rights guaranteed by the Constitution. On motion of appellee under Rule 12(b) (6), F.R.Civ.P., the district court dismissed the suit for failure to state a claim under section 1983. Jurisdiction on appeal is properly lodged under 28 U.S.C. § 1291 . Viewing appellant’s allegations in the light most favorable to him, United Milk Products Co. v. Lawndale National Bank of Chicago, 392 F.2d 876 (7th Cir. 1968), we find that the court below properly granted appellee’s motion to dismiss and therefore affirm the decision of the district court.

The following are excerpts from appellant’s complaint filed in the district court:

Appellant’s complaint further alleged that—

appellant suffered certain damages.

The district court, in granting the motion to dismiss, gave two alternative grounds for its decision; that the complaint did not allege intentional conduct by the defendants, and second, that the conduct complained of did not violate any…

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