noting that private persons cannot be held liable for a § 1983 conspiracy if their co-conspirators are state officials immune from suit
How later courts described this case
- noting that private persons cannot be held liable for a § 1983 conspiracy if their co-conspirators are state officials immune from suit
- applying prosecutorial immunity to § 1985 claim
- “The State of California Department 19 of Motor Vehicles is not a ‘person’ within the meaning of the Civil Rights Statutes and is thus also 20 immune from suit under those statutes.”
- immunity extends to filing complaints, instituting arrest or search proceedings, and drawing indictments or informations
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by Life Insurance Co. Of North America v. Martha Ellen Reichardt, Etc., Martha Ellen Reichardt v. Wesley J. Kinder, 591 F.2d 499 (1979)
497 F.2d 197, 202 (CA9 1974), overruled on other grounds, Life Insurance Co. of North America v. Reichardt, 591 F.2d 499, 503 n. 7 (CA9 1979);
The opinion
MERRILL, Circuit Judge
(concurring) :
I concur in the result. Save for general eonclusory and argumentative allegations of deprivation of equal protection and due process, no basis for a claim of violation of civil rights appears for the complaint on file. Plaintiff was *203 granted one opportunity to amend after which it appeared to the district court that no civil rights violation could successfully be alleged. I agree that suit should be dismissed under these circumstances and appellant relegated to the state courts for his remedies.