Briley v. State Of California

564 F.2d 849 Ronald Warren BRILEY, Plaintiff-Appellant, v. STATE OF CALIFORNIA, County of San Diego, Ronald Abernathy, Charles M. Snell, Jr., Earl B. Gilliam, Claude B. Brown, T. Bruce Iredale, Robert J. Stahl, Gerald F. Banks, Harry W. Depew, Doctors Hospital, et al., Defendants- Appellees. No. 75-2753. United States Court of Appeals, Ninth Circuit. Oct. 19, 1977. Hugh B. Fielder, Fielder & Fielder, North Hollywood, Cal., argued for plaintiff-appellant. Gregg C. Sindici, Reeve J. Jacques, San Diego, Cal., argued for defendants-appellees. Appeal from the United States District Court for the Southern District of California. Before CHOY and SNEED, Circuit Judges, and CRARY, * District Judge. CHOY, Circuit Judge: 1 Ronald Warren Briley appeals from the dismissal of his action for damages brought under 42 U.S.C. §§ 1983 and 1985(3). For the reasons stated below, we affirm in part, and vacate and remand in part. Facts and Proceedings Below 2 In 1960, Briley, a first offender, was arrested and charged in a California grand jury indictment with child molestation. He alleges that, pursuant to a "plea bargain" entered into with the district attorney's office, he was allowed…