Charles Allison v. California Adult Authority

Allison, a California state prisoner, brought a Civil Rights action ( 42 U.S.C. §§ 1983 , 1985) against various representatives of the California correctional system. His complaint alleged that the actions of defendants had deprived him of his constitutional rights. Initially Allison was granted leave to proceed in forma pauperis ( 28 U.S.C. § 1915 (a)). The district court dismissed the complaint for failure to state a claim upon which relief could be granted under Rule 12(b) (6) of the Federal Rules of Civil Procedure. Allison appeals from that determination.

Allison names as defendants the “California Adult Authority, Dr. T. R. Flinn, Member, Mr. Manley J. Bowler, Representative, Mr. J. R. O’Brien, Parole Representative, Mr. W. O. Cross, Counselor, Mr. Louis Nelson, Warden, and San Quentin State Prison.” The decisions of this court in Bennett v. People, (9 Cir. 1969) 406 F.2d 36 , cert. denied 394 U.S. 966 , 89 S.Ct. 1320 , 22 L. Ed.2d 568 (1969) and Clark v. Washington, (9 Cir. 1966) 366 F.2d 678 , make clear that state agencies which are but arms of the state government are not “persons” for purposes of the Civil Rights Act. Therefore plaintiff would not be entitled to relief…