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AWABDY v. CITY OF ADELANTO

No. 02-57118.

368 F.3d 1062 (2004)

Esau AWABDY, Plaintiff-Appellant, v. CITY OF ADELANTO; Scott Burnell; Ted Hartz; Richard Althouse, Michael Sakamoto, Does I-X, Inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 20, 2004.

Attorney(s) appearing for the Case

Stanley W. Hodge, Victorville, CA, for the plaintiff-appellant.

Marguerite P. Battersby, Harry C. Carpelan, San Bernardino, CA, for the defendants-appellees.

Before: REINHARDT, THOMPSON, and WARDLAW, Circuit Judges.

REINHARDT, Circuit Judge:

Two weeks before the 2000 election, Esau Awabdy suffered a significant setback in his campaign for another term on the City Council of Adelanto when the San Bernardino County District Attorney charged him with embezzling public funds. Awabdy pled not guilty prior to election day and, over one year later, the Superior Court granted a motion by a deputy District Attorney to dismiss the charge in the interests of justice. By then, however, Awabdy...

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