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ASHELMAN v. POPE

No. 84-1580.

793 F.2d 1072 (1986)

Kenneth O. ASHELMAN, Plaintiff-Appellant, v. Hon. Gary POPE, Judge Division I, Mohave County Superior Court; Mohave County Attorney's Office, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1986.

As Amended August 12, 1986.

Attorney(s) appearing for the Case

Daniel H. Bookin, Farella, Braun & Martel, San Francisco, Cal., for plaintiff-appellant.

William J. Ekstrom, Jr., Mohave Co. Atty., William F. McDonald, Deputy Co. Atty., Kingman, Ariz., for defendants-appellees.

Before BROWNING, ANDERSON, SKOPIL, SCHROEDER, FARRIS, ALARCON, POOLE, NELSON, BEEZER, HALL, and WIGGINS, Circuit Judges.

Argued En Banc and Submitted April 29, 1986.

SKOPIL, Circuit Judge:

Kenneth O. Ashelman appeals the dismissal of his civil rights action against a state judge and county prosecutor. The question presented is whether a judge and prosecutor are immune from damages in a civil rights action charging them with conspiracy to predetermine the outcome of judicial proceedings. We conclude that the judge and prosecutor are immune. We affirm the district court's dismissal...

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