Padilla v. Lynch
Decision Date | 22 July 1968 |
Docket Number | No. 21924.,21924. |
Parties | Luis Soto PADILLA, Appellant, v. Thomas C. LYNCH, Attorney General of the State of California, John Doe, Chairman of the Adult Authority, Arthur L. Oliver, Warden of Folsom State Penitentiary, Appellees. |
Court | U.S. Court of Appeals — Ninth Circuit |
Luis Soto Padilla, in pro. per.
Thomas C. Lynch, Atty. Gen., Edward P. O'Brien, Deputy Atty. Gen., San Francisco, Cal., for appellees.
Before CHAMBERS and BROWNING, Circuit Judges, and *BELLONI, District Judge.
Appellant contends that he has been denied equal protection, contrary to the Fourteenth Amendment of the United States Constitution, because the California Adult Authority denied him a parole.
The appeal is from the district court's dismissal of his complaint for failure to state a claim upon which relief can be granted.
2) a declaratory judgment that the Adult Authority must comply with the Fourteenth Amendment and
3) an injunction against further discrimination by the Adult Authority.
The Attorney General of California and the Warden of Folsom Prison are joined because they are alleged to have "conspired to and did deprive plaintiff of the equal protection of the laws."
In order to state a valid claim under Sec. 1983,1 the complaint must allege facts which, if true, would show that the defendants, while acting under color of State law, subjected the plaintiff to the deprivation of a constitutional right. DeWitt v. Pail, 366 F.2d 682 (9th Cir. 1966); Cohen v. Norris, 300 F.2d 24 (9th Cir. 1962). We agree with the district court that Padilla's complaint fails to meet that test.
Parole is a form of custody. Jones v. Cunningham, 371 U.S. 236, 83 S.Ct. 373, 9 L.Ed.2d 285 (1962). Thus, the gist of the complaint is that the authorities have refused to transfer him from one form of custody to another. This is not sufficient to state a claim under the Civil Rights Act, because it does not allege a violation of a right secured by the Constitution or statutes of the United States. Stiltner v. Rhay, 322 F.2d 314 (9th Cir. 1963).
Affirmed.
On its face the order of the district court dismissed only the complaint, not the action. However, since the district court issued a certificate of probable cause and granted leave to appeal in forma pauperis, it is clear that the court "determined that the action could not be saved by amending the complaint, and that the order dismissing the complaint was, in effect, one dismissing the action." DeWitt v. Pail, 366 F.2d 682, 685 (9th Cir. 1966).
The dismissal of the action without affording an opportunity to amend can be affirmed only if it appears from the allegations of the complaint that there was an insuperable bar to relief. Corsican Productions v. Pitchess, 338 F.2d 441, 442-443 (9th Cir. 1964). See also Breier v. Northern California Bowling Proprietors' Ass'n, 316 F.2d 787 (9th Cir. 1963).
The majority holds that such a bar was present in this case. The reasoning appears to be that since parole like incarceration "is a form of custody," nothing of significance occurs when a change from one to the other is granted or refused, and therefore the denial of parole to plaintiff in this case could not have violated any of his constitutional rights thereby giving rise to a claim under the Civil Rights Act.
In the real world incarceration and parole are vastly different conditions.* The parolee's status, whatever its limitations, has far more in common with liberty than with imprisonment. When the State grants, denies, or revokes parole it takes action which directly and significantly affects the personal freedom of the accused, and the State violates the Fourteenth Amendment whenever that action is arbitrary, basically unfair, or invidiously discriminatory. Sturm v. California Adult Authority, 395 F.2d 446, 449 (9th Cir. 1968) (concurring opinion). Cf. Eason v. Dickson, 390 F.2d...
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