Legal Opinion

Albert William Demoran v. F.A. Witt and John Does 1-4.

Court of Appeals for the Ninth Circuit

Decided January 24, 1986No. 84-5919PublishedCited by 182 opinions

1Opinion of the Court

AMENDED OPINION

CYNTHIA. HOLCOMB HALL, Circuit Judge:

Albert Demoran filed suit in federal district court under 42 U.S.C. § 1983 alleging that F.A. Witt, a probation officer for the State of California, deprived him of federal rights under color of state law through Witt’s filing of an erroneous presentencing report. Read liberally, the complaint states that Witt, with malice and in bad faith, filed with a California state court a report containing deliberately false statements and that, as a result, Demoran received an improperly long sentence. The district court granted summary judgment in…

2Cases cited15 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Imbler v. PachtmanSupreme Court of the United States · 1976
  3. Stump v. SparkmanSupreme Court of the United States · 1978
  4. Butz v. EconomouSupreme Court of the United States · 1978
  5. Briscoe v. LaHueSupreme Court of the United States · 1983

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3Cited by182 opinions

  1. LaLonde v. EissnerMassachusetts Supreme Judicial Court · 1989
  2. Greg Myers, Etc. v. R. Kathleen Morris, Scott County Attorney, Etc.Court of Appeals for the Eighth Circuit · 1987
  3. Dr. Gladys Cok v. Louis CosentinoCourt of Appeals for the First Circuit · 1989
  4. Snell v. TunnellCourt of Appeals for the Tenth Circuit · 1990
  5. Burns v. County of KingCourt of Appeals for the Ninth Circuit · 1989

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