Charles P. Campbell, Jr., and Elizabeth M. Burke Campbell v. Arthur W. Gerrans, Edward Dennis, and Doe I, Through X

KERR, District Judge:

This is an appeal from an order of dismissal issued under Rule 37, Fed.R.Civ.P. The order was entered after failure of plaintiffs to answer certain interrogatories. Plaintiffs pled the Fifth Amendment in response to the interrogatories. The plaintiffs’ original complaint sought damages under 42 U.S.C. § 1983.

The facts are not involved and can be summarized as follows:

In May of 1972, plaintiff Charles Campbell pled guilty, pursuant to negotiations, to one count of a violation of Section 11500 of the California Health and Safety Code, possession of heroin. He then was…