Wyoming Court Papers.pdf - KELOLAND.com

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Case 1:12-cv-00210-SWS Document 1 Filed 09/17/12 Page 16 of 22 conspiring to keep evidence a secret to continue to confine Mr. Willoughby, despite the exculpatory nature of the evidence and their explicit knowledge of its materiality. 32. Based on the acts described herein, the process by which Mr. Willoughby was wrongfully convicted and confined was so wholly lacking in the concept of justice in a civilized society, that Mr. Willoughby was actually deprived of due process and, therefore, was falsely imprisoned by Defendants Hanson, Ketterhagen, and Brew. 33. The acts or omissions, of each Defendant, described above, were the legal and proximate cause of Mr. Willoughby's wrongful conviction and incarceration, causing his injuries alleged herein. THIRD CLAIM FOR RELIEF 42 U.S.C. § 1983- Fundamental Unfairness of Troy Willoughby's First Criminal Trial (14th Amendment Procedural and Substantive Due Process Violations) (Against All Defendants in Their Individual Capacities) 34. Plaintiffhereby incorporates by reference all paragraphs of this Complaint as if fully set forth herein. 35. Defendants were acting under color of state law in their actions and inactions which occurred at all times relevant to this action. 36. Mr. Willoughby has a protected liberty interest in freedom from incarceration by the State, except upon conviction after a trial that complies with all constitutional requirements. 37. By engaging in one or more of the following, each Defendant, as detailed above, and acting recklessly, knowingly, intentionally, willfully and wantonly, played a personal and Page 16 of 22
Case 1:12-cv-00210-SWS Document 1 Filed 09/17/12 Page 17 of 22 essential role in ensuring that Mr. Willoughby's criminal trial lacked fundamental fairness to a degree that shocks the universal sense of justice by: (1) systematically hiding 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) conspiring to keep evidence a secret to continue so to confine Mr. Willoughby, despite the exculpatory nature ofthe evidence and their explicit knowledge of its materiality. 38. The Court granted an Order for a new trial on August 16, 2011- vacating and declaring invalid Mr. Willoughby's conviction. On February 9, 2012, after a new and fair tria~ a jury found Mr. Willoughby Not Guilty. While the Court vacated Mr. Willoughby's conviction, Defendants nonetheless recklessly, knowingly, intentionally, willfully and wantonly caused Mr. Willoughby to be unconstitutionally convicted and confined for almost three years. Their actions were so egregious and were carried out in a manner that shocks the judicial conscience and constituted a deprivation of Constitutional dimension. Defendants stated multiple times that the evidence needed to be disclosed, but if they disclosed it Mr. Willoughby would " fucking walk" and that Willoughby had "an ironclad alibi if we can't put him at the crime scene at 6 am." These statements document that Defendants knew risk to Mr. Willoughby's liberty, but deliberately withheld the exculpatory evidence. Page 17 of 22
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Wyoming Court Papers.pdf - KELOLAND.com

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