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12 It is charged in said Indictment that plaintiff George.L. Jackson, on January 16, 1970 did violate Section 4500 of the Penal Code of the State of California by commit-. ting, while serving a life sentence in a state prison, an. assault upon one John v. mills, and.that as a result of said assault, John v. Mills died; it is charged in said Indictment that plaintiff Fleeta Drumgo and plaintiff John w. Clutchette. on January l6, 1970 did violate Section 450l of the Penal Code.of the State of California by committing, while' confined. in a California State correctional facility, an assault upon one John v. Mills by means of force likely to produce bodily injury; it is further charged in said Indietment that plain- tiffs did vioiate Section 187 of the Penal Code of the State of California, by murdering one Jehn v. Mills.on January 16, 1970. 13 A trial date has not been set on the charges contained in the above described Indictment, but it is likely that the setting of a trial date is imminent; plaintiffs and and they are, within the confines of the constituticnal deprivations descrited below, investigating and trying tc nding against the prepare for the trial of the charges plaintiffs. 14 For a long time prior to January 16, 1970, defendants, their predecessors in office, have engaged in a course of conduct separately and together, which was and which is intentionally and deliberately calculated to dery to persons incarcerated Ir prison facilities of the State