Martin Karl Maurer v. Individually and as Members of Los Angeles County Sheriff's Department, Peter J. Pitchess, John P. Owens

Good Law
691 F.2d 434·1982 U.S. App. LEXIS 24582
United States Court of Appeals for the Ninth CircuitOctober 25, 198280-5874, 81-5911California1,750 words

Opinion

Opinion

Hug, J.

Appellant Martin Karl Maurer, a state prisoner, appeals the dismissal of his pro se civil rights actions seeking damages and injunctive relief pursuant to 42 U.S.C. §§ 1983 and 1985(3). We reverse and remand.

On July 4, 1976, Maurer was searched, arrested, and allegedly assaulted by officers of the Los Angeles County Sheriff’s Office and the California Highway Patrol. The arrest was made without either an arrest warrant or probable cause. Maurer was subsequently tried and acquitted on the charge. On January 8, 1979, Maurer began serving a life sentence at Folsom State Prison on an unrelated conviction. On October 23,1979, he filed a complaint under 42 U.S.C. §§ 1983 and 1985(3) against the police officers involved in his July 4, 1976 arrest, seeking damages for a violation of his civil rights. On December 28, 1979, Maurer filed an amended complaint that sought, as additional relief, a declaratory judgment that his arrest was invalid on federal constitutional grounds and a permanent injunction prohibiting the dissemination of his arrest record. The amended complaint named as defendants various state and federal law enforcement officials who allegedly maintained records of the July…

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