Earl Edwin Gobel and Michael J. Defranco v. Maricopa County, Thomas E. Collins, David P. Stoller, and Frank Gary
Opinion
Opinion
Pregerson, J.
Earl Edwin Gobel and Michael J. De-Franco appeal the district court’s dismissal of their 42 U.S.C. § 1983 action for failure to state a claim. Gobel and DeFranco alleged in their civil rights complaint that Maricopa County, two county attorneys, and an investigator violated their constitutional rights by arresting them without probable cause due to mistaken identifications, issuing false statements to the news media, and subjecting them to illegal conditions of confinement.
We have jurisdiction pursuant to 28 U.S. C. § 1291. We reverse the judgment and remand for further proceedings.
BACKGROUND
Gobel and DeFranco were each arrested on August 24, 1985, and charged with issuing bad checks in violation of Ariz.Rev. Stat. § 13-1807. Both men were wrongly arrested as a result of mistaken identifications, and the charges against both men were subsequently dropped.
On May 14, 1986, Gobel and DeFranco filed a civil rights action against Maricopa County, County Attorney Thomas Collins, Assistant County Attorney David Stoller, and investigator Frank Gary. Their amended complaint alleged that Collins ordered a public roundup of bad check offenders in order to enhance his public image and…