OLAGUES v. RUSSONIELLO

Nos. 82-4427, 83-2581.

770 F.2d 791 (1985)

Jose J. OLAGUES, on Behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. Joseph P. RUSSONIELLO, individually and in his capacity as United States Attorney for the Northern District of California, et al., Defendants-Appellees. Jose J. OLAGUES, on Behalf of himself and all others similarly situated; Hispanic Coalition for Human Rights, Chinese for Affirmative Action, and San Francisco Lation Voter Registration Education Project, Plaintiffs-Appellants, v. Joseph P. RUSSONIELLO, individually and in his capacity as United States Attorney for the Northern Ca; O'Malley, William A., individually and in his capacity as District Attorney for Contra Costa County; Underwood, Lon, individually and in his capacity as registrar of voters for Contra Costa County; Smith, Arlo, individually and in his capacity as District Attorney for San Francisco County, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 3, 1985.


Attorney(s) appearing for the Case

Joaquin G. Avila, Ronald T. Vera, Alan L. Schlosser, American Civil Liberties Union, San Francisco, Cal., and Kathleen A. Pool, California Rural Legal Assistance, Marysville, Cal., for plaintiffs-appellants.

William T. McGivern, and John D. O'Connor, Tarkington, Carey, O'Connor & O'Neill, San Francisco, Cal., for defendants-appellees.

Before WALLACE, ALARCON, and NELSON, Circuit Judges.


WALLACE, Circuit Judge:

Olagues, a citizen, and certain organizations promoting the voting rights of Americans with Hispanic or Chinese ethnic backgrounds in the San Francisco Bay area (the organizations) sued for damages and declaratory and injunctive relief arising from a preliminary investigation by the United States Attorney and various state officials into possible violations of the Voting Rights Act of 1965, 42 U.S.C. § 1973i(c), (d) (the Act), which prohibits...

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