Dalton

Dalton v. Koenig

Good Law
United States District Court, Northern District of CaliforniaMarch 23, 20224:21-cv-08241California1,323 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 7 ALVIN HENRY DALTON, Case No. 21-cv-08241-JSW

Plaintiff,

ORDER OF SERVICE

v.

CRAIG KOENIG, Defendant.

Plaintiff, a California prisoner proceeding pro se, has filed an amended complaint (ECF No. 5) under 42 U.S.C. § 1983 alleging that Defendants Scarson and Guinn, prison employees, incorrectly indicated in Plaintiff’s records that Plaintiff has a prior conviction and refused to correct the records when alerted to this error. Plaintiff’s first claim is that this caused him to be unable to receive certain family visitors, and this is, when liberally construed, is cognizable. See, e.g., Overton v. Bazzetta, 539 U. S. 126, 136 (2003) (a severe, permanent, or arbitrary restriction on all visitation privileges might violate a prisoner’s Eighth Amendment rights). His second claim is that Defendants falsified his records, refused to correct them, and would not believe that he did not have a prior conviction because he is Black. This claim is cognizable under the Equal …

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