Hebert

The complaint herein adequately states a claim under Section 1 of the Civil Rights Act of 1871, 42 U.S.Code § 1983, because it alleges facts which show that the defendants: (1) while acting under color of state statute, ordinance, regulation, custom or usa'ge, (2) subjected, or caused to be subjected, a person within the jurisdiction of the United States to the deprivation of rights, privileges or immunities secured by the Constitution and laws of the United States. Cohen v. Norris, 300 F.2d 24, 30 (C.A. 9th 1962); Marshall v. Sawyer, 301 F.2d 639, 643 (C.A. 9th 1962); Lucero v. Donovan, 354 F.2d 16, 19-20 (C.A. 9th 1965); Lucero v. Donovan, 258 F.Supp. 979, 980 (C.D.Cal.1966).

Moreover the complaint sufficiently sets forth a claim under Section 2 of the Civil Rights Act of 1871, 42 U.S.Code § 1985(3) because it alleges the necessary two additional elements: (1) that the defendants conspired or acted jointly or in concert; and (2) that overt acts were done pursuant to the conspiracy which damaged plaintiff. Hoffman v. Halden, 268 F.2d 280, 294 (C.A. 9th 1959); Cohen v. Norris, 300 F.2d 24, 27-28 (C.A. 9th 1962). It follows that this Court has jurisdiction by virtue of 28 U.S.Code…