Wyoming Court Papers.pdf - KELOLAND.com

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Case 1:12-cv-00210-SWS Document 1 Filed 09/17/12 Page 14 of 22 details of a 1984 report conflicted with the statements made by their key witnesses in the case. Defendants Hanson, Ketterhagen, and Brew knew the exculpatory nature and materiality of this evidence, as evidenced by their recorded statements regarding their decision to withhold the evidence so Mr. Willoughby did not "fucking walk." Yet, the Defendants, with full knowledge of their clearly established Constitutional responsibility to disclose exculpatory evidence, knowingly, intentionally, willfully and wantonly kept the report in their possession and misrepresented the nature of the evidence to the prosecution. 25. Defendants Hanson, Ketterhagen, and Brew recklessly, knowingly, intentionally, willfully and wantonly destroyed and/or secreted exculpatory evidence they were under a legal duty to disclose. Defendants threw away, shredded, and/or secreted written statements made by the prosecutions key witnesses that was exculpatory of Mr. Willoughby. Specifically, Defendants possessed a written statement made by Rosa Willoughby (Hosking). Defendants did not show Rosa the statement during an interview with her because "she spit back exactly what I wanted her to say." Defendants then intentionally destroyed the statement and stated: "I didn't want it to get somehow inadvertently stuck in with discovery and it raises some kind of eyebrow." 26. The acts or omissions, of each Defendant, described above, were the legal and proximate cause ofMr. Willoughby's wrongful conviction and incarceration, causing his injuries alleged herein. Page 14 of 22
Case 1:12-cv-00210-SWS Document 1 Filed 09/17/12 Page 15 of 22 SECOND CLAIM FOR RELIEF 42 U.S.C. § 1983- False Imprisonment (4th and 14thAmendment Violations) (Against All Defendants in Their Individual Capacities) 27. Plaintiffhereby incorporates by reference all paragraphs of this Complaint as if fully set forth herein. 28. Defendants were acting under color of state law in their actions and inactions which occurred at all times relevant to this action. 29. Defendants recklessly, knowingly, intentionally, willfully and wantonly withheld exculpatory evidence that led to the wrongful conviction of Mr. Willoughby, and thereby unreasonably restricting his freedom for almost three years. 30. No reasonable officer or investigator, as evidenced by Deputy Gehlhausen, in Defendant Hanson, Ketterhagen, or Brew's position, would have kept the exculpatory evidence in their possession secretly hidden from the prosecution and defense teams because it pointed to the Mr. Willoughby's innocence. The Constitution required that the Defendants disclose the exculpatory evidence. 31. Defendants acted recklessly, knowingly, intentionally, willfully and wantonly by: (1) systematically hiding and destroying exculpatory evidence from judicial officers, the prosecuting attorney, Mr. Willoughby and his defense counsel; (2) misrepresenting the exculpatory nature of the evidence to prosecuting attorney, Lucketta McMahon, when they had several opportunities to disclose the evidence during an on-going investigation; and, (3) Page 15 of 22
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Wyoming Court Papers.pdf - KELOLAND.com

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