L.R. Bretz v. Zollie Kelman, Jack R. Lande, Eugene R. Welborn
Court of Appeals for the Ninth Circuit
1Opinion of the CourtGoodwin, Circuit Judge
Appellant challenges the dismissal for failure to state a claim of his action alleging a conspiracy among police, prosecutors and personal enemies to accuse and prosecute him falsely for burglary. We reverse the judgment and remand for further proceedings.
Bretz alleges that the defendants, by means of false testimony, perjury and other prosecutorial misconduct denied him bail on unrelated charges and ultimately caused his imprisonment in a maximum security facility all in violation of his right to liberty under the Fourteenth Amendment.
On October 24, 1976, Lande, Welborn and a third person…
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