Krl

BACKGROUND

This case originates from a criminal investigation into the removal and disposal of an underground gasoline storage tank located on property purchased by KRL, a California general partnership. Participants in the criminal investigation included Moore, a California Highway Patrol Officer; Irey, a deputy district attorney for San Joaquin County who specializes in 1 Russell Moore died in 2002. Ellen M. Aquaro has been substituted as Successor in Interest and Representative of the Estate of Russell Moore. 576 KRL v. AQUARO environmental prosecutions; and Hall, an investigator employed by the Amador County District Attorney’s office. In December 1998, a grand jury indicted Robert Womack and others on twenty-one counts, many of which concerned the storage, transportation and disposal of the underground gaso- line storage tank. In September 2000, the Amador County District Attorney’s office transferred the criminal prosecution to the California Attorney General’s office, which dropped all charges.

On December 10, 1999, KRL and members of the Womack family (“Plaintiffs”) filed this 42 U.S.C. § 1983 action, claim- ing several constitutional violations.…