Charles Allison v. California Adult Auth., 419 F.2d 822 (9th Cir. 1969). · Go Syfert
Charles Allison v. California Adult Auth., 419 F.2d 822 (9th Cir. 1969). Cases Citing This Book View Copy Cite
99 citation events (54 in the last 25 years) across 25 distinct courts.
Strongest positive: (PC) Chandra-Das v. John Doe No. 1 (caed, 2024-10-22)
Treatment trajectory · 1970 → 2026 · click a year to view as-of
1970 1998 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) (PC) Chandra-Das v. John Doe No. 1
E.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
tate agencies which are but arms of the state 21 government are not 'persons' for purposes of the civil rights act.
discussed Cited as authority (verbatim quote) (PC) Felix v. State of California
E.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
tate agencies which are but arms of the state 13 government are not 'persons' for purposes of the civil rights act.
discussed Cited as authority (verbatim quote) (PC) Owens v. Clendenin
E.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
tate agencies which are but arms of the state 23 government are not 'persons' for purposes of the civil rights act.
discussed Cited as authority (verbatim quote) (PC)Lewis v. Allison
E.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
tate agencies which are but arms of the state 21 government are not 'persons' for purposes of the civil rights act.
discussed Cited as authority (quoted) (PC) Plett v. Religious Committee
E.D. Cal. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
tate agencies which are but arms of the state government are not 'persons' for 16 purposes of the civil rights act.
discussed Cited as authority (rule) Angelita Fornara v. Washington State Office of the Attorney General (OAG), Public Employment Relations Commission (PERC), Department of Children Youth and Families (DCYF), Washington Federation of State Employees (WFSE), Office and Professional Employees International
E.D. Wash. · 2026 · confidence medium
Allison v. California Adult Auth., 419 F.2d 822, 823 (9th Cir. 1969) 3 (“state agencies which are but arms of the state government are not ‘persons' for 4 purposes of the Civil Rights Act.”); Braunstein v. Arizona Dep't of Transp., 683 5 F.3d 1177, 1188 (9th Cir. 2012) (“sovereign immunity precludes §§ 1981 and 1983 6 damages claims against state entities and state actors in their official capacity.”). 7 Even more, Plaintiff does not provide essential elements of her claims and 8 supportive facts or authorities.
cited Cited as authority (rule) Parkerson v. O.D.O.C.
D. Or. · 2025 · confidence medium
Allison v. California Adult Auth., 419 F.2d 822, 823 (9th Cir. 1969).
discussed Cited as authority (rule) (PC) Wright v. Percil
E.D. Cal. · 2025 · confidence medium
As a result, 9 courts have routinely held that jails and prisons are not persons who can be sued under § 1983. 10 See Brooks v. Pembroke City Jail, 722 F. Supp. 1294, 1301 (E.D.N.C. 1989) (“Claims under § 11 1983 are directed at ‘persons’ and the jail is not a person amenable to suit.”); Allison v. California 12 Adult Auth., 419 F.2d 822, 823 (9th Cir. 1969) (San Quentin Prison not a “person” subject to suit 13 under 42 U.S.C. § 1983 ). 14 Finally, the third defendant, Solano County Sheriff’s Department, is a municipality. 15 Municipalities are considered “persons” under 4…
cited Cited as authority (rule) Hilgardner v. Oregon State Correctional Institution
D. Or. · 2024 · confidence medium
Allison v. Cal. Adult Auth., 419 F.2d 822, 823 (9th Cir. 1969).
discussed Cited as authority (rule) (PC) Jones v. Bonta
E.D. Cal. · 2024 · confidence medium
See Will, 491 U.S. at 71 (“neither a State nor its 15 officials acting in their official capacities are ‘persons’ under § 1983”); Allison v. California 16 Adult Authority, 419 F.2d 822, 823 (9th Cir. 1969) (state agencies are not persons within 17 meaning of § 1983).
cited Cited as authority (rule) Nevarez v. Napa State Hospital
N.D. Cal. · 2024 · confidence medium
Adult Authority, 419 F.2d 822, 823 (9th Cir. 1969); Bennett v. 2 Calif., 406 F.2d 36, 39 (9th Cir. 1969).
cited Cited as authority (rule) Cufaude v. Therapeutic Level of Care Committee
D. Or. · 2023 · confidence medium
Mar. 30, 2022)(citing Allison v. California Adult Auth., 419 F.2d 822, 823 (9th Cir. 1969)).
discussed Cited as authority (rule) Chow v. United States
D. Alaska · 2023 · confidence medium
N.C., 1989) (“Claims under § 1983 are directed at ‘persons’ and the [Pembroke County Jail] is not a person amenable to suit.”); Allison v. California 16 Adult Authority, 419 F.2d 822, 823 (9th Cir. 1969) (California Adult Authority and San Quentin prison not “persons” subject to suit under § 1983); see also Allen v. Clark Cnty.
cited Cited as authority (rule) Abney v. Gates
D. Or. · 2022 · confidence medium
Mar. 30, 2022) (citing Allison v. California Adult Auth., 419 F.2d 822, 823 (9th Cir. 1969)).
discussed Cited as authority (rule) (PC) Beinlick v. Aung
E.D. Cal. · 2022 · confidence medium
The department cannot be sued 26 for damages under § 1983, both because as agency of the State it is not a “person” amenable to 27 4 Dr. Son, like Dr. Aung, is described as plaintiff’s “primary care physician,” ECF No. 7 at 2, but 28 the factual allegations do not reflect any ongoing care by Dr. Son. 1 suit under the statute, see Allison v. California Adult Auth., 419 F.2d 822, 822-23 (9th Cir. 1969), 2 and because it is entitled to Eleventh Amendment immunity, see Papasan v. Allain, 478 U.S. 265 , 3 276 (1986).
discussed Cited as authority (rule) (PC) Penate v. Cayanan Manno
E.D. Cal. · 2022 · confidence medium
Allison v. 14 California Adult Authority, 419 F.2d 822, 823 (9th Cir. 1969) (stating San Quentin is an arm of 15 the state and thus, not a person for purposes of the Civil Rights Act); see generally Groten v. 16 California, 251 F.3d 844, 851 (9th Cir. 2001) (stating State is not a person for purposes of Section 17 1983 and thus, not proper defendant in litigation).
discussed Cited as authority (rule) Carter v. Jessup Correctional Institution
D. Maryland · 2021 · confidence medium
Servs., 316 App’x 279, 282 (4th Cir. 2009) (holding that the Maryland Department of Public Safety and Correctional Services is not amenable to suit under § 1983); Allison v. Cal. Adult Auth., 419 F.2d 822, 822-23 (9th Cir. 1969) (holding that a state prison is not a person under § 1983); Dietrich v JCI Institution, Civil Action No. TDC-17-145, 2018 WL 461091 , at *2 (D.
cited Cited as authority (rule) Eaton v. Eynon
D. Or. · 2020 · confidence medium
Allison v. Cal. Youth Auth., 419 F.2d 822, 823 (9th Cir.1969).
discussed Cited as authority (rule) (PC) De La Cruz v. Superior Court of California
E.D. Cal. · 2020 · confidence medium
Allison v. California Adult Authority, 419 F.2d 822, 823 (9th Cir. 1969) (stating 18 San Quentin is arm of state and thus, not a person for purposes of the Civil Rights Act); see 19 generally Groten v. California, 251 F.3d 844, 851 (9th Cir. 2001) (stating State is not person for 20 purposes of Section 1983 and thus, not proper defendant in litigation).
cited Cited as authority (rule) (PC) Stuckey v. State of California
E.D. Cal. · 2020 · confidence medium
Auth., 4 419 F.2d 822, 823 (9th Cir. 1969); Thompson v. City of Honolulu, No. 17-00002 JMS/KSC, 2017 5 U.S. Dist.
cited Cited as authority (rule) (PC) Hill v. McGeffen
E.D. Cal. · 2020 · confidence medium
Auth., 419 F.2d 822, 823 (9th Cir. 1969); Thompson v. City of 15 Honolulu, No. 17-00002 JMS/KSC, 2017 U.S. Dist.
cited Cited as authority (rule) (PC) Hill v. CDCR, Department of State Hospitals
E.D. Cal. · 2020 · confidence medium
Auth., 419 F.2d 822, 823 (9th Cir. 1969); Thompson v. City of 15 Honolulu, No. 17-00002 JMS/KSC, 2017 U.S. Dist.
discussed Cited as authority (rule) Anderson v. California Department of Correction
N.D. Cal. · 2020 · confidence medium
See Pennhurst State Sch. & Hosp. 12 v. Halderman, 465 U.S. 89, 100 (1984) (“It is clear . . . that in the absence of consent a suit in 13 which the State or one of its agencies or departments is named as the defendant is proscribed by 14 the Eleventh Amendment.”); Allison v. Cal. Adult Authority, 419 F.2d 822, 823 (9th Cir. 1969) 15 (California Adult Authority and San Quentin State Prison not persons within meaning of Civil 16 Rights Act). b) Defendants Kuster, Kelley, Allen, Galvan, Adams, Gash, Monroy, 17 Koenig, and Hoffman 18 Defendants Kuster, Kelley, Allen, Galvan, Adams, Gash, and M…
discussed Cited as authority (rule) Morris v. State of California
N.D. Cal. · 2020 · confidence medium
See Pennhurst State Sch. & Hosp. 27 v. Halderman, 465 U.S. 89, 100 (1984) (“It is clear . . . that in the absence of consent a suit in 1 the Eleventh Amendment.”); Allison v. Cal. Adult Authority, 419 F.2d 822, 823 (9th Cir. 1969) 2 (California Adult Authority and San Quentin State Prison not persons within meaning of Civil 3 Rights Act). 4 The amended complaint’s ADA claims are the same as the ADA claims alleged in the 5 initial complaint.
discussed Cited as authority (rule) (PC) West v. High Desert State Prison
E.D. Cal. · 2019 · confidence medium
Auth., 419 F.2d 822, 823 (9th Cir. 1969) (applying Eleventh 16 Amendment to bar suits against state prisons). 17 In any amended complaint, CDCR and HDSP should not be named as defendants because 18 they are immune. 19 C.
discussed Cited as authority (rule) Hubbard v. California Department of Corrections & Rehabilitation
9th Cir. · 2014 · confidence medium
Sys. of Higher Educ., 616 F.3d 963, 967 (9th Cir.2010) (“The Eleventh Amendment bars suits against the State or its agencies[.]” (citation and internal quotation marks omitted)); Brown v. Cal. Dep’t of Corr., 554 F.3d 747, 752 (9th Cir.2009) (applying bar to suit against CDCR); Allison v. Cal. Adult Auth., 419 F.2d 822, 823 (9th Cir.1969) (applying bar to suit against state prison).
cited Cited as authority (rule) Raceway Properties, LLC v. LSOF Carlsbad Land L.P.
9th Cir. · 2005 · confidence medium
Allison v. Cal. Adult Auth., 419 F.2d 822, 823 (9th Cir.1969).
cited Cited as authority (rule) Robinson v. California Board of Prison Terms
C.D. Cal. · 1998 · confidence medium
Allison v. California Adult Authority, 419 F.2d 822, 822-23 (9th Cir.1969); Silver v. Dickson, 403 F.2d 642, 643 (9th Cir.1968), cert. denied, 394 U.S. 990 , 89 S.Ct. 1477 , 22 L.Ed.2d 765 (1969).
discussed Cited as authority (rule) Webster Salasker Lucas v. Department of Corrections California Men's Colony-West
9th Cir. · 1995 · confidence medium
See Alabama v. Pugh, 438 U.S. 781, 782 , 98 S.Ct. 3057, 3057-58 , 57 L.Ed.2d 1114 (1978) (holding that a suit against a state and its Board of Corrections is barred by the Eleventh Amendment absent consent); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989); Allison v. California Adult Auth., 419 F.2d 822, 823 (9th Cir.1969).
discussed Cited as authority (rule) Kenneth Gaut v. Franklin Sunn, Director of Social Services and Housing
9th Cir. · 1987 · confidence medium
See Rutherford v. City of Berkeley, 780 F.2d 1444, 1446-47 (9th Cir.1986); Meredith, 523 F.2d at 484 ; Gregory v. Thompson, 500 F.2d 59, 61-62 (9th Cir.1974); Allison v. Wilson, 434 F.2d 646, 647 (9th Cir.1970) (per curiam); Allison v. California Adult Authority, 419 F.2d 822, 823 (9th Cir.1969); Wiltsie v. California Department of Corrections, 406 F.2d 515, 516-17 (9th Cir.1968).
discussed Cited as authority (rule) Kenneth Gaut v. Franklin Sunn, Director of Social Services and Housing (2×)
9th Cir. · 1986 · confidence medium
See Rutherford v. City of Berkeley, 780 F.2d 1444, 1446-47 (9th Cir.1986); Meredith, 523 F.2d at 484 ; Gregory v. Thompson, 500 F.2d 59, 61-62 (9th Cir.1974); Allison v. Wilson, 434 F.2d 646, 647 (9th Cir.1970) (per curiam); Allison v. California Adult Authority, 419 F.2d 822, 823 (9th Cir.1969); Wiltsie v. California Department of Corrections, 406 F.2d 515, 516-17 (9th Cir.1968). 6 Gaut also alleged he was "threatened with bodily harm" by the defendants "to convince him to refrain from pursuing legal redress" for the beatings.
discussed Cited as authority (rule) Soto v. City of Sacramento
E.D. Cal. · 1983 · confidence medium
Allison v. California Adult Authority, 419 F.2d 822, 823 (9th Cir.1969); Wiltsie v. California Department of Corrections, 406 F.2d 515, 517 (9th Cir.1968); Dodd v. Spokane County, Washington, 393 F.2d 330, 334 (9th Cir.1968); Brown v. Brown, 368 F.2d 992, 993 (9th Cir.1966).
cited Cited as authority (rule) Franklin v. State of Or.
D. Or. · 1983 · confidence medium
Allison v. California Adult Authority, 419 F.2d 822, 823 (9th Cir.1969).
discussed Cited as authority (rule) Lokey v. Richardson
N.D. Cal. · 1982 · confidence medium
See Ginter v. State Bar of Nevada, supra, 625 F.2d at 830 ; Allison v. California Adult Authority, 419 F.2d 822, 822-23 (9th Cir. 1969); NAACP v. State of California, 511 F.Supp. 1244, 1257 (E.D.Cal. 1981).
discussed Cited as authority (rule) Downs v. Department of Public Welfare
E.D. Pa. · 1973 · confidence medium
Gittlemacker v. County of Philadelphia, 413 F.2d 84, 86 (3 Cir. 1969), cert den. 396 U.S. 1046 , 90 S.Ct. 696 , 24 L.Ed.2d 691 (1970); Allison v. California Adult Authority, 419 F.2d 822, 823 (9th Cir. 1969); Wood v. Mt.
discussed Cited as authority (rule) Anthony v. Cleveland (2×)
D. Haw. · 1973 · confidence medium
Allison v. California Adult Authority, 419 F.2d 822, 823 (9th Cir. 1969).
discussed Cited as authority (rule) William David Potter v. Tom McCall Governor of the State of Oregon (2×)
9th Cir. · 1970 · confidence medium
Allison v. California Adult Authority, 419 F.2d 822, 823 (9th Cir. 1969); Silver v. Dickson, 403 F.2d 642, 643 (9th Cir. 1968), cert. denied 394 U.S. 990 , 89 S.Ct. 1477 , 22 L.Ed.2d 765 .
discussed Cited "see" Tokumbo Howell v. Berkeley County Detention Center (HillFinklea), Sheriff Duane Lewis, Nurse Ladson, Berkeley County Sheriff’s Dept.
D.S.C. · 2026 · signal: see · confidence high
See Allison v. California Adult Auth., 419 F.2d 822, 823 (9th Cir. 1969) (California Adult Authority and San Quentin Prison not “person[s]” subject to suit under 42 U.S.C. § 1983 ); Nelson v. Lexington Cnty.
discussed Cited "see" Paleti Veniale v. Washington State Department of Corrections, et al.
W.D. Wash. · 2025 · signal: see · confidence high
See Allison v. Cal. Adult Auth., 419 F.2d 822, 823 (9th Cir. 1969) (holding 3 that California Adult Authority and San Quentin State Prison were not “persons” subject to suit 4 under § 1983).
cited Cited "see" (PC) Green v. State of CA
E.D. Cal. · 2025 · signal: see · confidence high
See Allison v. Cal. Adult Auth., 419 F.2d 822, 822-23 (9th Cir. 20 1969) (holding that a state prison is not a person under § 1983).
discussed Cited "see" (PC) Leonard v. California State Prison Sacramento
E.D. Cal. · 2024 · signal: see · confidence high
See Allison v. California Adult Authority, 419 F.2d 822, 823 (9th Cir. 1969) 22 (California state agencies and prisons are not persons within the meaning of § 1983); Bennett v. 23 California, 406 F.2d 36, 39 (9th Cir. 1969) (state agencies including the California Department of 24 Corrections are not persons within the meaning of § 1983).
cited Cited "see" (PC) Springfield v. CDCR
E.D. Cal. · 2023 · signal: see · confidence high
See Allison v. California Adult Authority, 419 F.2d 822 , 823 8 (9th Cir. 1969).
cited Cited "see" (PC) Singh v. Folsom State Prison
E.D. Cal. · 2023 · signal: see · confidence high
See Allison v. California 3 Adult Auth., 419 F.2d 822, 823 (9th Cir. 1969); Capogreco v. High Desert State Prison, No. CIV 4 S-11-3218-EFB (P), 2012 WL 1328448 , at *3 (E.D.
discussed Cited "see" Woods v. Health Care Specialty Services
S.D. Cal. · 2022 · signal: see · confidence high
See Allsion v. Cal. Adult Auth., 419 F.2d 822, 822-23 (9th Cir. 1969) 19 (concluding that state prison was not a “person” for purposes of § 1983); Walker v. Scott, 20 10cv5629-VAP (PJW), 2014 WL 346539 , at *5 (C.D.
cited Cited "see" (PC) Gaskins v. Mule Creek State Prison
E.D. Cal. · 2022 · signal: see · confidence high
See Allison v. 1 | California Adult Auth., 419 F.2d 822, 823 (9th Cir. 1969). 2 I will give plaintiff leave to amend and an opportunity to show, if he can, why this action 3 | should still proceed.
discussed Cited "see" (PC) Gaskins v. Mule Creek State Prison
E.D. Cal. · 2022 · signal: see · confidence high
See Allison v. 8 | California Adult Authority, 419 F.2d 822, 823 (9th Cir. 1969). 9 I will give plaintiff leave to amend and an opportunity to show, if he can, why this action 10 | should still proceed.
cited Cited "see" Woods v. Health Care Specialty Services
S.D. Cal. · 2022 · signal: see · confidence high
See Allsion v. Cal. Adult Auth., 419 F.2d 822 , 16 822-23 (9th Cir. 1969) (concluding that state prison was not a “person” for purposes of 17 § 1983).
discussed Cited "see" Hogan v. Carroll County Maryland
D. Maryland · 2022 · signal: see · confidence high
See Allison v. California Adult Auth., 419 F.2d 822, 823 (9th Cir. 1969) (California Adult Authority and San Quentin Prison not “person[s]” subject to suit under 42 U.S.C. § 1983 ); Gottleib v. Balt.
cited Cited "see" Gosney v. Oregon Department of Corrections
D. Or. · 2022 · signal: see · confidence high
See Allison v. California Adult Auth., 419 F.2d 822, 823 (9th Cir. 1969).
discussed Cited "see" McGinnis v. Halawa Correctional Facility
D. Haw. · 2021 · signal: see · confidence high
See Allison v. Cal. Adult Auth., 419 F.2d 822 , 822–23 (9th Cir. 1969) (concluding that state prison was not a “person” for purposes of 42 U.S.C. § 1983 ); see also Kehano v. Harrington, No. 20-00013 SOM-KJM, 2020 WL 826033 , at *4 n.7 (D.
Retrieving the full opinion text from the archive…
Charles ALLISON, Appellant,
v.
CALIFORNIA ADULT AUTHORITY Et Al., Appellees
23892_1.
Court of Appeals for the Ninth Circuit.
Dec 11, 1969.
419 F.2d 822
Charles Allison, in pro. per., Charles R. B. Kirk, John T. Murphy, Deputy Attys. Gen., Thomas C. Lynch, Atty. Gen., for appellees.
Duniway, Carter, Trask.
Cited by 92 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 79%
Citer courts: E.D. California (1)
JAMES M. CARTER, Circuit Judge:

Allison, a California state prisoner, brought a Civil Rights action (42 U.S.C. §§ 1983, 1985) against various representatives of the California correctional system. His complaint alleged that the actions of defendants had deprived him of his constitutional rights. Initially Allison was granted leave to proceed in forma pauperis (28 U.S.C. § 1915(a)). The district court dismissed the complaint for failure to state a claim upon which relief could be granted under Rule 12(b) (6) of the Federal Rules of Civil Procedure. Allison appeals from that determination.

Allison names as defendants the “California Adult Authority, Dr. T. R. Flinn, Member, Mr. Manley J. Bowler, Representative, Mr. J. R. O’Brien, Parole Representative, Mr. W. O. Cross, Counselor, Mr. Louis Nelson, Warden, and San Quentin State Prison.” The[*823] decisions of this court in Bennett v. People, (9 Cir. 1969) 406 F.2d 36, cert. denied 394 U.S. 966, 89 S.Ct. 1320, 22 L. Ed.2d 568 (1969) and Clark v. Washington, (9 Cir. 1966) 366 F.2d 678, make clear that state agencies which are but arms of the state government are not “persons” for purposes of the Civil Rights Act. Therefore plaintiff would not be entitled to relief against the California Adult Authority or San Quentin State Prison.

The complaint against the individual defendants states two theories of recovery: (1) Allison was wrongly denied parole; (2) Allison was physically abused by defendants. We separately consider these contentions.

The district court correctly determined that denial of parole did not state a claim on which relief could be granted. This court has made clear that state officials are immune from suit under the Civil Rights Act for actions taken in the processing of parole applications. Villalobos v. Dickson, (9 Cir. 1969) 406 F.2d 835; Bennett v. People, supra; Silver v. Dickson, (9 Cir. 1968) 403 F.2d 642, cert. denied 394 U.S. 990, 89 S.Ct. 1477, 22 L.Ed.2d 765.

Allison’s allegations of physical abuse stretch one’s credulity. He probably has never seen Flinn or Bowler, members of the California Adult Authority or O’Brien, a parole representative who works with the Adult Authority. Allison alleges he has been “beat, kicked, knocked, stomped, thrashed, tear-gassed and cursed by the defendants named in the complaint.”

Nevertheless, Allison’s complaint does state a claim for relief under the Civil Rights Act. Faced with similar questionable contentions, this court has held that a claim for relief had been sufficiently stated to withstand dismissal under Rule 12(b) (6) F.R.Civ.P. Wiltsie v. California Dept. of Corrections, (9 Cir. 1968) 406 F.2d 515; Brown v. Brown, (9 Cir. 1966) 368 F.2d 992, cert. denied 385 U.S. 868, 87 S.Ct. 133, 17 L.Ed.2d 95 (1966). Language in Brown, supra, is particularly appropriate in this case.

“The pleadings filed by appellant contain allegations which could be said to tax a reader’s credulity. It might be noted that sections 118, 118a and 126 of the California Penal Code define the crime of perjury and provide for a penalty for its commission. However, in passing on a motion to dismiss for failure to state a claim, the facts set forth in the complaint must be assumed to be true * * * Viewed in this respect the complaint does state a cause of action under the Civil Rights Act and should not have been dismissed under Fed.R.Civ.Proc., Rule 12(b).” [page 993],

We recognize that frivolous Civil Rights suits by prison inmates have become a matter of concern to district courts. This is the sixth action under the Civil Rights Act commenced by Allison. Judge Wollenberg summarizes the first five in Allison v. Wilson, 277 F. Supp. 271 (N.D.Calif.1967). In one of the prior actions he alleged that deputy sheriffs in Nevada had “beat, kicked, stomped and cursed” him. Allison v. Wilson, page 272. To his stock phrase he has now added “thrashed, tear-gassed and knocked.” He proclaimed his legal acumen by a sign posted in his cell reading “Attorney at Law, Civil Complaints, Writs, etc.” Id. page 272.

In Stiltner v. Rhay, (9 Cir. 1963) 322 F.2d 314, 316-317, cert. denied 376 U.S. 920, 84 S.Ct. 678, 11 L. Ed.2d 615 (1964) we emphasized that a district court may withdraw leave to proceed in forma pauperis (28 U.S.C. § 1915(a)) if it becomes satisfied that an action is frivolous or malicious or the allegation of poverty is untrue. (28 U.S. C. § 1915(d)). Also a district court may condition continued proceedings under § 1915(a) upon plaintiff’s clarification and particularization of his complaint. Should plaintiff respond unsatisfactorily to such request, dismissal under § 1915(d) would be in order.

Allison’s case is remanded to the district court for further proceedings on the issue of physical abuse. On remand, the district court may consider dismissal[*824] of the proceeding in forma pauperis under 28 U.S.C. § 1915(d) if it is satisfied the action is frivolous or malicious. As a minimum it would appear that Allison should be required to particularize his shotgun allegation of physical mistreatment.

Reversed and remanded for further proceedings.