Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police Agent

concurring in the result.

I withdraw my prior concurring and dissenting opinion. I concur only in the result of the Second Amended Opinion.

Jena Balistreri appeals, pro se, the district court's dismissal of her 42 U.S.C. § 1983 complaint for failure to state a claim. The district court’s decision is published at 656 F.Supp. 423 . We affirm in part, reverse in part, and remand.

FACTS

Balistreri’s complaint, prepared by an attorney, alleges the following facts.

On February 13, 1982, Balistreri was severely beaten by her husband. The Pacifi-ca police officers who responded to her call for assistance removed the husband from the home, but refused to place him under arrest, and were “rude, insulting and unsympathetic” toward Mrs. Balistreri. One of the officers stated that Mrs. Balistreri deserved the beating. Although Balistreri was injured seriously enough to require treatment for injuries to her nose, mouth, eyes, teeth and abdomen, the officers did not offer Balistreri medical assistance.

Sometime after the incident, an unidentified Pacifica police officer pressured Bal-istreri into agreeing not to press charges against her husband.

Throughout 1982, Balistreri continually complained to the Pacifica police of instances of vandalism and of receiving hundreds of harassing phone calls. She named her husband, from whom…

901 F.2d 696 Jena BALISTRERI, Plaintiff-Appellant, v. PACIFICA POLICE DEPARTMENT; Al Olsen, Police Chief, individually and as a police agent, Defendants-Appellees. No. 87-1969. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 16, 1988. Original Opinion filed August 23, 1988. Amended Opinion filed February 27, 1990. Second Amended Opinion filed May 11, 1990. Susan Jackson Balliet, Legal Aid Soc. of San Mateo County, Redwood City, Cal., for plaintiff-appellant. Todd A. Roberts, Ropers, Majeski, Kohn, Bentley, Wagner & Kane, Redwood City, Cal., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before SCHROEDER and FLETCHER, Circuit Judges, and WATERS, * District Judge. FLETCHER, Circuit Judge: 1 Jena Balistreri appeals, pro se, the district court's dismissal of her 42 U.S.C. Sec. 1983 complaint for failure to state a claim. The district court's decision is published at 656 F.Supp. 423 . We affirm in part, reverse in part, and remand. FACTS 2 Balistreri's complaint, prepared by an attorney, alleges the following facts. 3 On February 13, 1982, Balistreri was severely beaten by her husband. The…