Ybarra v. Bastian

647 F.2d 891 Bernard Anthony YBARRA, Plaintiff-Appellant, v. J. Grant BASTIAN, State Highway Engineer; Lonnie Gene Phelps, Highway Business Manager; Mark Hull, Industrial Relations Manager; Curtis Foltz, Data Processing Manager, et al., Defendants- Appellees. No. 78-3648. United States Court of Appeals, Ninth Circuit. Argued Oct. 14, 1980. Submitted Oct. 28, 1980. Decided Feb. 12, 1981. Rehearing and Rehearing En Banc Denied June 4, 1981. Bernard Anthony Ybarra, pro se, on the briefs. Samuel P. McMullen, Carson City, Cal., on the briefs, for defendants-appellees. Appeal from the United States District Court for the District of Nevada. Before WALLACE and ALARCON, Circuit Judges, and von der HEYDT, * District Judge. WALLACE, Circuit Judge: 1 Ybarra appeals from a district court dismissal of his action for damages, declaratory judgment and other relief pursuant to 42 U.S.C. § 1983 . Ybarra contends that his suspension and dismissal from his job with the State of Nevada violated his civil rights. We affirm. 2 * Ybarra was a computer programmer employed by the Nevada State Highway Department (Highway Department). On August 25, 1974, Ybarra was charged with the murder of a fellow…