Executive News Svc. APn 08/06 1712 Preschool Molest Copyright, 1990. The Associated Press.

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Executive News Svc. APn 08/06 1712 Preschool Molest Copyright, 1990. The Associated Press. All rights reserved. LOS ANGELES (AP) -- A federal judge Monday dismissed Peggy McMartin Buckey's $1 million civil suit alleging malicious prosecution in the marathon McMartin Pre-School molestation trial that ended with her acquittal. U.S. District Judge Richard A. Gadbois Jr. said he could understand how Mrs. Buckey could feel about her seven-year ordeal. But "being very, very upset does not state a cause of action," he said. Because Mrs. Buckey was ultimately acquitted, the civil action "just isn't going to fly," he said. Mrs. Buckey filed the civil suit in January after she and her son, Raymond, won acquittal on 52 felony charges of child molestation at the now-defunct pre-school in Manhattan Beach. Ray Buckey was not named as a plaintiff. A second trial, with Ray Buckey as the sole defendant, ended in a mistrial last month when jurors deadlocked on eight counts. Los Angeles County District Attorney Ira Reiner said he would not retry Buckey. An attorney for Mrs. Buckey said he would appeal Gadbois' ruling. "The only way we have been able to stay in court anywhere is to take it to the appellate level," said attorney James H. Davis. "Nobody wants to hear this case. Everybody has had enough of this case." Mrs. Buckey's civil suit contended she was the victim of a conspiracy by Los Angeles County, the city of Manhattan Beach, former District Attorney Robert Philibosian, Children's Institute International and therapist Kee MacFarlane, Capital Cities-ABC Inc. and its former reporter Wayne Satz. The defendants were accused of defamation, malicious prosecution, conspiracy and violation of Mrs. Buckey's civil rights. The suit sought general damages of $1 million and unspecified punitive damages. Although the judge tossed out the federal suit, Mrs. Buckey may still file claims in state court. After the second trial, Raymond Buckey filed a civil suit in state court against the same defendants.

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