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BALISTRERI v. PACIFICA POLICE DEPT.

No. 87-1969.

901 F.2d 696 (1990)

Jena BALISTRERI, Plaintiff-Appellant, v. PACIFICA POLICE DEPARTMENT; Al Olsen, Police Chief, individually and as a police agent, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Original Opinion filed August 23, 1988.

Amended Opinion filed February 27, 1990.

Second Amended Opinion filed May 11, 1990.

Attorney(s) appearing for the Case

Susan Jackson Balliet, Legal Aid Soc. of San Mateo County, Redwood City, Cal., for plaintiff-appellant.

Todd A. Roberts, Ropers, Majeski, Kohn, Bentley, Wagner & Kane, Redwood City, Cal., for defendants-appellees.

Before SCHROEDER and FLETCHER, Circuit Judges, and WATERS, District Judge.

FLETCHER, Circuit Judge:

Jena Balistreri appeals, pro se, the district court's dismissal of her 42 U.S.C. § 1983 complaint for failure to state a claim. The district court's decision is published at 656 F.Supp. 423. We affirm in part, reverse in part, and remand.

FACTS

Balistreri's complaint, prepared by an attorney, alleges the following facts.

On February 13, 1982, Balistreri was severely beaten...

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