GUYTON v. PHILLIPS

No. 76-1951.

606 F.2d 248 (1979)

Tyrone GUYTON, a Deceased minor, by Mattie Shepherd, Administratrix of the Estate of Tyrone Guyton, Deceased, Appellant, v. Dale PHILLIPS, Thomas Mierky, William Mathews, James F. Donovan, John Robert Lothrop, Conrad Blevins, Waller Prentice, Thomas Donahue, George T. Hart, Edward Hilliard, Lawrence Holman, Donald Whyte, Charles Edward Herbert, D. Lowell Jensen, Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 29, 1979.


Attorney(s) appearing for the Case

Lew Warden (argued), San Leandro, Cal., for appellant.

Patrick J. Becherer (argued), Crosby, Heafey, Roach & May, Patrick C. Mullin (argued), Oakland, Cal., for appellees.

Before SMITH, WALLACE and HUG, Circuit Judges.


HUG, Circuit Judge:

This appeal involves the question of whether a claim may be stated under the Civil Rights Act for a violation of the civil rights of a deceased person resulting from the alleged actions of public officials after the death of the decedent, in covering up and failing to prosecute properly the persons who killed the decedent.

The Administratrix of the Estate of Tyrone Guyton brought this action for damages under the Civil Rights Act, 42 U...

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