John C. Collins v. Peter J. Pitchess

Appellant, Collins, a prisoner incarcerated in California’s Soledad state prison, appeals a judgment dismissing his civil rights complaint against his former custodian without prejudice on the ground that appellant was unable to effectively litigate his action while incarcerated. As the district court erred in dismissing appellant’s complaint because of his prisoner status, we reverse.

I

On January 20, 1977, appellant was permitted to file an in forma pauperis complaint against his former custodian, Peter J. Pitchess, Sheriff of Los Angeles County. While the district court accepted the complaint, a final determination whether appellant would be permitted to proceed in for-ma pauperis was deferred.

The complaint, purporting to state causes of action under 42 U.S.C. §§ 1983 , 1985, alleged that while in appellee’s custody, appellant was assaulted by several deputy sheriffs and placed in isolation without cause for five days. Appellant’s complaint theorized that these injuries stemmed from appellee’s failure to implement policies to protect inmates from violent attacks by deputies, appellee’s knowledge of and conspiratorial participation in mistreatment of inmates, and appellee’s…