Legal Opinion
L.R. Bretz v. Zollie Kelman, Jack R. Lande, Eugene R. Welborn, Donald Zeman, James Cook, and the City of Great Falls, Montana, a Municipal Corporation
Court of Appeals for the Ninth Circuit
Decided December 20, 1983No. CA 82-3111PublishedCited by 28 opinions
1Opinion of the Court
J. BLAINE ANDERSON, Circuit Judge:
In this case we must determine whether an alleged plan to prosecute Bretz, including a scheme to coerce witnesses and falsify evidence, states an actionable wrong under 42 U.S.C. § 1983. Because we agree with the district court that Bretz’ amended complaint fails to allege the violation of a constitutionally protected interest, we affirm.
On October 24,1976, Jack Lande, Eugene Welborn, and a third man were arrested for burglarizing the residence of Zollie Kelman. On January 26, 1977, Bretz, who had been in prison since December 1, 1976 on an unrelated felony…
2Cases cited17 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Parratt v. TaylorSupreme Court of the United States · 1981
- Roe v. WadeSupreme Court of the United States · 1973
- Paul v. DavisSupreme Court of the United States · 1976
- Robert F. Jennings v. Arthur Shuman, Jr., Robert J. Conway, Gustave Naring, and John DoeCourt of Appeals for the Third Circuit · 1977
12 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- L.R. Bretz v. Zollie Kelman, Jack R. Lande, Eugene R. WelbornCourt of Appeals for the Ninth Circuit · 1985
- Frank Haygood v. Evelle J. Younger, and Harold Cranke and Benjamin SeymourCourt of Appeals for the Ninth Circuit · 1985
- James Piatt v. Ellis MacDougallCourt of Appeals for the Ninth Circuit · 1985
- Azul-Pacifico, Inc. v. City of Los Angeles, Azul-Pacifico, Inc. v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 1992
- Deary v. Three Un-Named Police OfficersCourt of Appeals for the Third Circuit · 1984
23 more not listed; retrieve them via the Exa API.