Venegas v. Wagner

704 F.2d 1144 Juan Francisco VENEGAS, Plaintiff-Appellant, v. Kenneth B. WAGNER, James A. Borsos, John R. Prchal, Ronnie J. Skaggs, Carthel S. Roberson, Douglas E. Bostard, Robert M. Bell and Michael Z. Whelan, Defendants-Appellees. No. 81-5696. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 6, 1982. Decided April 28, 1983. Leta Schlosser, Greene, O'Reilly, Agnew & Broillet, Los Angeles, Cal., for plaintiff-appellant. Robert E. Shannon, Long Beach, Cal., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before BROWNING, Chief Judge, TANG and FARRIS, Circuit Judges. PER CURIAM: 1 The district court dismissed Venegas' civil rights claim as barred by the statute of limitations. We reverse. 2 Viewed in the light most favorable to Venegas, the facts are as follows. Juan Venegas and Lawrence Reyes were arrested on December 25, 1971, by police officer defendants Borsos and Wagner and charged with murder. Venegas' arrest was without probable cause. That same day, defendant Officer Prchal prepared a crime report falsely implicating Venegas in the murder. Defendants allowed exculpatory evidence to…