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SPERL v. DEUKMEJIAN

No. 79-3810.

642 F.2d 1154 (1981)

Timothy SPERL, Plaintiff-Appellant, v. George DEUKMEJIAN, in his capacity as Attorney General for the State of California; and John Van De Kamp, in his capacity as District Attorney for the County of Los Angeles, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 23, 1981.

Attorney(s) appearing for the Case

Donald M. Re, Los Angeles, Cal., for plaintiff-appellant.

Jan A. Pluim, John H. Larson, Los Angeles, Cal., for defendant-appellee.

Before TANG, SKOPIL and CANBY, Circuit Judges.

PER CURIAM.

Sperl sought declaratory relief under 28 U.S.C. § 2201 and injunctive relief under 42 U.S.C. § 1983 to invalidate his 1974 state criminal convictions because of alleged prosecutorial misconduct. The district court dismissed his claims. Sperl v. Deukmejian, 482 F.Supp. 1026 (C.D.Cal.1980). We affirm.

Sperl's claim under § 2201 was properly dismissed. Declaratory relief is not available...

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