MIOFSKY v. SUPERIOR COURT OF STATE OF CAL., ETC.

No. 80-4589.

703 F.2d 332 (1983)

William Eugene MIOFSKY, Appellant, v. SUPERIOR COURT OF the STATE OF CALIFORNIA, In and For the COUNTY OF SACRAMENTO; Elmer Galioni, M.D.; Bruce Kaldor, M.D.; and Alfred French, M.D., Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 3, 1983.


Attorney(s) appearing for the Case

James R. Kirby, II, Sacramento, Cal., argued, for appellant; John F. Mounier, Jr. and Denise Jarman Fischer, Hansen, Boyd, Culhane & Mounier, Sacramento, Cal., on the brief.

Robert B. Fien, Sacramento, Cal., argued, for appellee; Dennis Westerberg, Mills & Westerberg, Sacramento, Cal., on the brief.

Before WISDOM, MERRILL and NORRIS, Circuit Judges.


NORRIS, Circuit Judge:

Appellant, William Eugene Miofsky, brought this civil rights action under 42 U.S.C. § 1983 against the Superior Court of the State of California and three medical doctors who had conducted a psychiatric examination of Miofsky pursuant to court order. Miofsky sought a federal court injunction restraining discovery proceedings in state tort litigation that he claims would violate rights protected by the United States Constitution. The district...

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