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BRILEY v. STATE OF CAL.

No. 75-2753.

564 F.2d 849 (1977)

Ronald Warren BRILEY, Plaintiff-Appellant, v. STATE OF CALIFORNIA, County of San Diego, Ronald Abernathy, Charles M. Snell, Jr., Earl B. Gilliam, Claude B. Brown, T. Bruce Iredale, Robert J. Stahl, Gerald F. Banks, Harry W. Depew, Doctors Hospital, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

October 19, 1977.

Attorney(s) appearing for the Case

Hugh B. Fielder, Fielder & Fielder, North Hollywood, Cal., argued for plaintiff-appellant.

Gregg C. Sindici, Reeve J. Jacques, San Diego, Cal., argued for defendants-appellees.

Before CHOY and SNEED, Circuit Judges, and CRARY, District Judge.

CHOY, Circuit Judge:

Ronald Warren Briley appeals from the dismissal of his action for damages brought under 42 U.S.C. §§ 1983 and 1985(3). For the reasons stated below, we affirm in part, and vacate and remand in part.

Facts and Proceedings Below

In 1960, Briley, a first offender, was arrested and charged in a California grand jury indictment with child molestation. He alleges that, pursuant to a "plea bargain" entered into with...

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