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DEMORAN v. WITT

No. 84-5919.

781 F.2d 155 (1985)

Albert William DEMORAN, Plaintiff-Appellant, v. F.A. WITT and John Does 1-4. Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 10, 1985.

As Amended January 24, 1986.

Attorney(s) appearing for the Case

Albert W. Demoran, pro se.

Paul N. Bruce, Deputy Co. Counsel, San Diego, Cal., for defendants-appellees.

Before GOODWIN, NELSON and HALL, Circuit Judges.

AMENDED OPINION

CYNTHIA HOLCOMB HALL, Circuit Judge:

Albert Demoran filed suit in federal district court under 42 U.S.C. § 1983 alleging that F.A. Witt, a probation officer for the State of California, deprived him of federal rights under color of state law through Witt's filing of an erroneous presentencing report. Read liberally, the complaint states that Witt, with malice and in bad faith, filed with a California state court a report containing deliberately...

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