Hughes Anderson Bagley, Jr. v. Cmc Real Estate Corporation, AKA Chicago, Milwaukee, St. Paul & Pacific Railroad Donald E. Mitchell Norman W. Prins

Good Law
91 Daily Journal DAR 906·923 F.2d 758·1991 WL 4063·1991 U.S. App. LEXIS 819·91 Cal. Daily Op. Serv. 600
United States Court of Appeals for the Ninth CircuitJanuary 22, 199189-35870California3,358 words

Opinion

Opinion

Canby, J.

Hughes Bagley appeals the district court’s order granting judgment on the pleadings to all defendants in his civil rights action filed pursuant to 42 U.S.C. §§ 1983 and 1985 and Bivens v. Six Unnamed Narcotics Agents, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). Bagley challenges only the district court’s rulings that his § 1983 claim was barred by the statute of limitations and that he failed to state a cause of action under § 1985. We affirm.

BACKGROUND

Defendants James O’Connor and Donald Mitchell were state law enforcement officers also employed as security officers by the Chicago, Milwaukee, St. Paul & Pacific Railroad Company (“Milwaukee Road”). Defendant Norman Prins is an agent for the Bureau of Alcohol, Tobacco and Firearms (“BATF”). Defendants CMC Real Estate Corp. (“CMC”) and the Soo Line Railroad (“Soo”) are successors in interest to the Milwaukee Road, having been created pursuant to Milwaukee Road’s reorganization proceedings.

Between April and June 1977, O’Connor and Mitchell, with the approval of the Milwaukee Road, assisted Prins in an undercover investigation of Bagley. As a result of this investigation, Bagley was indicted on 15 counts of violating…

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