John Paskaly v. Bryan P. Seale

John Paskaly, plaintiff in this civil rights damage action under 42 U.S.C. § 1983 , appeals from a summary judgment in favor of defendant Bryan P. Seale. We affirm.

Seale is a deputy labor commissioner attached to the Division of Labor Law Enforcement, Department of Industrial Relations, State of California (Division). One of Seale’s official functions is to investigate wage claims and to take appropriate action. He received a wage claim from an employee in the amount of eight hundred and thirty dollars against Paskaly for services allegedly rendered as an electrician and carpenter.

Pursuant to this claim, Seale sent Paskaly the Division’s demand in February, 1969, for eight hundred and thirty dollars in wages. Such demands are not enforceable except by means of a subsequent civil court action. Paskaly refused the demand whereupon Seale .sent Paskaly the Division’s order to appear at a hearing on March 5, 1969. This was not a subpoena and Paskaly was not obliged to obey it. Seale conducted the hearing, received certain evidence, and thereafter ordered Paskaly to pay the wage claim plus penalties in the amount of five hundred thirty-three dollars and thirty-three cents.…