Neil C. Wallen v. B. J. Rhay, Warden
354 F.2d 241
Court of Appeals for the Ninth Circuit·Decided January 7, 1966·No. 20246_1·Published·Cited by 2 cases
Opinion
The brief for appellant received December 16, 1965, is ordered filed.
In this civil rights case, brought by a state prisoner against the warden and several other prison officials, the District Court dismissed plaintiff’s complaint without leave to amend.
Although the complaint fails to state a claim, we are clear that the plaintiff should have been given the right to amend. The cause of action is remanded so that he may amend.
Cf. Armstrong v. Rushing, 352 F.2d 836, 9th Cir., decided November 15,1965.
Free access — add to your briefcase to read the full text and ask questions with AI
Neil C. Wallen v. B. J. Rhay, Warden, 354 F.2d 241 (9th Cir. 1966).
354 F.2d 241 (Neil C. Wallen v. B. J. Rhay, Warden) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Lee Dodd v. Spokane County
393 F.2d 330 (Ninth Circuit, 1968)
Dodd v. Spokane County
393 F.2d 330 (Ninth Circuit, 1968)