Sanders

MEMORANDUM **

Prentice Earl Sanders, former chief of the San Francisco Police Department (SFPD), and David L. Robinson, the department’s former deputy police chief, filed a complaint under 42 U.S.C. § 1983 against Terence Hallinan, former San Francisco District Attorney, as well as against the San Francisco Board of Supervisors and the City and County of San Francisco, 1 alleging that Hallinan violated their constitutional rights under the First, Fourth, Fifth, and Fourteenth Amendments when he (1) directed and participated in a criminal investigation against them, while lacking probable cause; (2) engaged in “malicious prosecution” by convening a grand jury and successfully indicting both men for obstruction of justice, again while lacking probable cause; (3) had Sanders and Robinson arrested after securing a grand jury indictment; and (4) made defamatory comments about both men to the local media. They also brought a claim under 42 U.S.C. § 1985 , alleging that all of the defendants conspired to deprive them of their constitutional rights. Finally, the appellants brought ten separate state law claims.

We affirm the district court in part and vacate in part.

1. Investigation:…