Donald Duane Johnson and Leo Roll v. Ronald Reagan, Individually and in His Official Capacity as Governor of the State of California

Plaintiffs, prisoners in state custody, appeal from the dismissal of their civil-rights action for damages. They alleged that the California Adult Authority had failed to grant them parole or sentence determination, in violation of the “principles and ideas” of the California Indeterminate Sentence Law (Cal.Penal Code § 1168), and that the other named defendants, all state officials, had violated their oaths of office by permitting the Authority so to act.

Named as defendants were the members of Adult Authority, the Governor, all justices of the state supreme court, the state attorney general, and all state legislators.

The district court granted plaintiffs’ motion to proceed in forma pauperis, and dismissed the action as frivolous under 28 U.S.C. § 1915 (d). The district court determined that the defendants named in the complaint were immune from liability under the Civil Rights Act, 42 U.S.C. § 1983 , for the offenses alleged, and that the complaint failed to allege specific wrongdoings sufficient to state a claim for relief. We affirm, but qualify the immunity holding.

Different immunity standards apply to different government officials. Absolute immunity is accorded…