Civil Rights Lawsuit by Mrs. Buckey Dismissed

A federal judge Monday dismissed a multimillion-dollar lawsuit that Peggy McMartin Buckey filed against the county, the city of Manhattan Beach and others immediately after her acquittal on molestation charges in the McMartin Pre-School case earlier this year.

The suit alleged a violation of Buckey’s civil rights, but U.S. District Judge Richard A. Gadbois Jr., in dismissing the case, said such a claim was “just not going to fly.�

The suit, which also alleged malicious prosecution, conspiracy and defamation, sought general damages of $1 million plus additional damages on each count.

“I don’t know how you can say these criminal proceedings were without probable cause when there was an 18-month preliminary hearing,� Gadbois said in a hearing Monday. Buckey was acquitted earlier this year after a lengthy trial. The judge said he sympathized with Buckey’s being upset over her long court ordeal, but “being very, very upset does not state a cause of action.�

After the hearing, assistant county counsel Robert Ambrose, who said he was pleased with the judge’s ruling, added that the U.S. Supreme Court has made it clear that just because someone is found not guilty does not give her the right to file suit alleging violation of civil rights. Otherwise, he added, the fear of liability would impede prosecutors from proceeding.

William Waysman, the attorney representing Peggy McMartin Buckey, admitted that civil cases like the one she is pressing are “an uphill battle all the way.� But Waysman said that, if any case proved the exception to the rule, it would be this one. He added that it is “likely� Buckey will appeal Gadbois’ decision on the civil rights issue and will refile in state court a lawsuit based on the other allegations.

Other defendants named in the lawsuit were former Dist. Atty. Robert Philibosian, Children’s Institute International (the child-abuse study center where children were interviewed), social worker Kee MacFarlane, former television reporter Wayne Satz and his employer, Capital Cities/ABC Inc.

Buckey, 63, and her son, Ray Buckey, were acquitted in January of 52 molestation charges involving the McMartin Pre-School in Manhattan Beach. After a retrial that ended last week with a deadlocked jury, eight molestation charges against Ray Buckey were dismissed. He immediately filed a civil rights suit in Los Angeles Superior Court.

Several other McMartin defendants, have filed civil suits in state court. While these cases have also been dismissed, some have been reinstated by appeals courts and others are pending appeal.