Gilmore

ORDER DENYING WITHOUT PREJUDICE MOTION TO STRIKE PRAYER FOR DAMAGES

This action deals with a wide range of grievances set forth by the complaints of a great number of California prisoners. It includes prayers for injunctive and monetary relief made not only by those plaintiffs whose cases are consolidated herein, but also by a vast number of other plaintiffs whose cases have been held in abeyance pending the Court’s decision in the instant matter.

Defendants move to strike the prayers for damages as to the named as well as the “Doe” defendants herein. The motion raises tremendous logistical problems. The immunity of public officials from damage claims under the federal civil rights statutes varies according to the degree of willfulness alleged by the plaintiff(s), the position occupied by the particular defendant, and the range of discretion granted to him by relevant statutes, regulations, and court orders. See, for example, Hoffman v. Halden, 9 Cir., 268 F.2d 280 (1959); Robichaud v. Ronan, 9 Cir., 351 F.2d 533 (1965); Birnbaum v. Trussell, 2 Cir., 347 F.2d 86 (1965); DeWitt v. Pail, 9 Cir., 366 F.2d 682 (1966); Silver v. Dickson, 9 Cir., 403 F.2d 642 (1968); Sigafus v. Brown,…