Legal Opinion · Concurring in part, dissenting in part
Viola McKinney v. Lee E. De Bord
Court of Appeals for the Ninth Circuit
Decided November 21, 1974No. 71-1209Published
1Concurring in part, dissenting in partWallace, Circuit Judge
I concur in Judge Choy’s opinion except as to its treatment of count 3. In this count, McKinney claims that prison officials refused to allow him to show his mother certain catalogues and brochures from lawbook companies. The district court dismissed this count as failing to state a cause of action upon which relief could be granted because it assumed that McKinney’s intention was to have her buy “legal books which he intended to keep in his cell” and that he “was seeking to purchase more books than he was permitted to possess in his cell under applicable prison regulations . . . .” *506McKinney…
2Cases cited7 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
- John Marshall v. Grant Sawyer, as Governor of the State of NevadaCourt of Appeals for the Ninth Circuit · 1962
- Dale v. HahnCourt of Appeals for the Second Circuit · 1971
- Robert Louis Williford v. People of the State of California, Robert A. Heinze, Warden, Folsom State Prison, Amos X. Brister v. People of the State of California, Robert A. Heinze, Warden, Folsom State Prison, Ivory X. Guidry v. People of the State of California, Robert A. Heinze, Warden, Folsom State Prison, George X. Morris v. People of the State of California, Robert A. Heinze, Warden, Folsom State PrisonCourt of Appeals for the Ninth Circuit · 1965
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