Preston Lavern Howard v. Harry Lemmons and Kris Ray Kizer

Plaintiff, who is incarcerated in the federal penitentiary has brought this suit pursuant to 42 U.S.C.A. § 1983 and 42 U.S.C.A. § 1985(3) alleging that two private citizens filed false affidavits with the District Attorney stating that he had threatened their lives which resulted in an unrelated state charge. He asserted that this conduct violated certain of his constitutional rights but the trial court following the recommendation of a United States Magistrate dismissed the complaint upon the basis that the complaint stated no claim within the jurisdiction of the Court. 1 The decision on §…