Charles Allison v. Lawrence E. Wilson, Warden

Charles Allison, a California State prisoner, appeals from the dismissal of his civil rights action against his warden and two prison guards. In his present complaint, Allison alleged that he was physically abused by prison guards Hayes and Thomas on two separate instances. The complaint does not indicate that the punishment was in any manner related to jail discipline.

Under identical circumstances, we have held that such a complaint states a cause of action under the Civil Rights Act, 42 U.S.C. § 1983 . Allison v. California Adult Auth., 9 Cir., 1969, 419 F.2d 822 ; Wiltsie v. California Dep’t of Corrections, 9 Cir., 1968, 406 F.2d 515 ; Dodd v. Spokane County, 9 Cir. 1968, 393 F. 2d 330 ; Brown v. Brown, 9 Cir., 1966, 368 F.2d 992 . Although the appellees ask us to re-examine this line of cases, we decline to do so.

Appellees also contend that the district court properly dismissed the first cause of action because plaintiff failed to allege that the injury was inflicted “intentionally.” Specific intent to violate constitutional rights is not a necessary element under Section 1983, see Monroe v. Pape, 1961, 365 U.S. 167, 187 , 81 S.Ct. 473 , 5 L.Ed.2d 492 , and William v.…