DONALD GENE BOAG, PLAINTIFF-APPELLANT,
v.
C. JOHNSON, ETC., ET AL., DEFENDANTS-APPELLEES
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The dismissal of a prisoner's civil rights action under Rule 12(b)(6) based on a special prisoner action rule is improper if the complaint states a claim upon which relief can be granted under Supreme Court precedent.
Boag appealed the dismissal of his civil rights action against police officers who arrested, detained, and questioned him. The dismissal was based on …
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PER CURIAM:
Boag appeals from the dismissal of his civil rights action brought against certain California police officers. They participated in his arrest, detention and questioning. The complaint charges that they violated various of his constitutional rights. Boag pled guilty to, the.charge that was the basis of the arrest, and is now serving his sentence under the California Adult Authority.
The dismissal was under Rule 12(b) (6), F.R.Civ.P. The court, 54 F.R.D. 178, applied the special rule for actions brought by prisoners devised by Judge Weinstein in Chubbs v. City of New York, E.D.N.Y., 1971, 324 F.Supp. 1183.
We have considerable sympathy with the views there expressed which were echoed by Judge Gordon Thompson, Jr., in this case. But we hold that, under Cruz v. Beto, 1972, 405 U.S. 319, 320-322, 92 S.Ct. 1079, 31 L.Ed.2d 263, the dismissal cannot be upheld. See also Haines v. Kerner, 1972, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652. The complaint does state a claim upon which relief can be granted. We note that Cruz v. Beto, supra, had not been decided when Judge Thompson acted.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Haines v. Kerner, 404 U.S. 519 (U.S. 1972)
- Cruz v. Beto, 405 U.S. 319 (U.S. 1972)