Norman Elmer Miller v. J.C. Keeney, Superintendent

KOZINSKI, Circuit Judge:

On a bright warm spring Wednesday morning in downtown Portland, Oregon, nearly a decade ago, Lownsdale Park was crowded with people out walking or sitting on benches. One of the more active was Norman Elmer Miller, who had left his car near the park and was seen by the police leaving a telephone booth and walking quickly through the park in a dark overcoat and sunglasses. Also in the park were a number of Portland police officers, engaged in what would prove to be an unsuccessful race against time: They had received an anonymous telephone call threatening that a bomb…