Ybarra v. Reno Thunderbird Mobile Home Village

723 F.2d 675 Bernard Anthony YBARRA, Plaintiff-Appellant, v. RENO THUNDERBIRD MOBILE HOME VILLAGE, et al., Defendants, and Robert E. Rose, District Attorney, Michael E. Malloy, Deputy District Attorney, and County of Washoe, Defendants-Appellees. No. 82-4069. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 13, 1983. Decided Jan. 10, 1984. Bernard Anthony Ybarra, in pro. per. David R. Grundy, Hibbs, Roberts & Lemons, Reno, Nev., for defendants-appellees. Appeal from the United States District Court for the District of Nevada. Before ALARCON, CANBY and REINHARDT, Circuit Judges. ALARCON, Circuit Judge: 1 Ybarra appeals from the district court's summary judgment against him in a civil rights action brought under 42 U.S.C. Sec. 1983 , for damages and declaratory relief. We affirm. FACTS 2 Ybarra was arrested by Reno police on August 25, 1974 after a shooting in his mobile home. He remained in custody until October 11, 1974 when he was released on bail pending trial. 3 Malloy, a deputy district attorney for Washoe County, was assigned to the case and prosecuted Ybarra. In his capacity as prosecutor, he was empowered to have the alleged crime scene, the…