Lincoln v. Grazer

VALLÉE, J.

Appeal by plaintiff from a judgment of dismissal entered on an order sustaining the demurrers of defendants to the original complaint without leave to amend.

The complaint alleges:

1. On August 14, 1957, defendants “without warrant or legal right or authority, whatsoever, wilfully and maliciously caused, instigated, perpetrated, directed, procured, stirred up and agitated the arrest and impri[s]onment of the plaintiff, to his damage in the sum of $5,000.00”,- they “did so corruptly and by collusive arrangement among themselves, commonly known as a ‘fix/ on a false, malicious, untrue and fabricated misdemeanor contempt charge, without facts, evidence or jurisdiction to support it.”

2. Defendants wilfully and maliciously deprived plaintiff of his right to secure legal counsel, held him without bail, and failed and refused to comply with sections 849 and 4001 of the Penal Code,

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but “forced plaintiff to be confined under maximum security, to sleep on the floor, without proper care, in unfit, unsafe and overcrowded conditions, and in condemned

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detention facilities, thereby endangering his life, limbs and health, to his further damage in the sum of $5,000.00.”

3. Defendants wilfully, maliciously, and corruptly failed to protect the rights, health, safety and well-being of plaintiff while he was thus unlawfully confined; but they caused, directed, encouraged, suffered, and permitted brutal assaults on plaintiff to his further damage in the sum of $5,000.

4. Defendants maliciously caused and directed jail trusties to spray plaintiff three times in five days with a strong and burning solution about his head and body to his damage in the sum of $750.

5. Defendants had an untrained and incompetent person— not a doctor, and not qualified to do so—carelessly, recklessly, and negligently, without the consent of plaintiff and without warrant or authority, jab plaintiff in the right arm with a needle and remove and extract blood from him to his damage in the sum of $250.

The prayer is for $16,000 damages.