Smith v. Wambaugh

MEMORANDUM

McCLURE, District Judge.

BACKGROUND:

On September 14, 1994, plaintiff Jay C. Smith, D.Ed., commenced this action with the filing of a complaint under 42 U.S.C. § 1983 alleging that defendant Joseph P. Wambaugh conspired with police and prosecutors to deprive Smith of his rights under the Fourth, Sixth, and Fourteenth Amendments (Count I). The complaint also sets forth claims under state law for conspiracy (Count II) and abuse of process (Count III). The object of the conspiracy under Count II was the abuse of process alleged under Count III. Counts II and III were dismissed by the…