Charles P. Campbell, Jr., and Elizabeth M. Burke Campbell v. Arthur W. Gerrans, Edward Dennis, and Doe I, Through X

This is an appeal from an order of dismissal issued under Rule 37, Fed.R.Civ.P. The order was entered after failure of plaintiffs to answer certain interrogatories. Plaintiffs pled the Fifth Amendment in response to the interrogatories. The plaintiffs’ original complaint sought damages under 42 U.S.C. § 1983 .

The facts are not involved and can be summarized as follows:

In May of 1972, plaintiff Charles Campbell pled guilty, pursuant to negotiations, to one count of a violation of Section 11500 of the California Health and Safety Code, possession of heroin. He then was sentenced to one year in the county jail and placed on probation for three years. In July 1972, plaintiff negotiated another plea of guilty to a further violation of the same penal statute and received a concurrent sentence. On December 26, 1972, Campbell was released from jail. As a condition of his probation, he agreed to submit to warrant-less searches of his person, premises, or auto.

The other plaintiff in this case is Elizabeth Campbell. She and Charles are legally married, but both stated they are separated and have maintained separate residences since May 1972. They have an infant son who is in the…