Wyoming Court Papers.pdf - KELOLAND.com

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Case 1:12-cv-00210-SWS Document 1 Filed 09/17/12 Page 18 of 22 39. Due to the actions of each Defendant, Mr. Willoughby's criminal trial lacked fundamental fairness to a degree that shocks the universal sense of justice. 40. 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. FOURTH CLAIM FOR RELIEF 42 U.S.C. § 1983- Conspiracy To Violate Troy Willoughby's Civil Rights (4th and 14th Amendment Violations) (Against All Defendants in Their Individual Capacities) 41. Plaintiff hereby incorporates by reference all paragraphs of this Complaint as if fully set forth herein. 42. Defendants were acting under color of state law in their actions and inactions which occurred at all times relevant to this action. 43. Defendants Hanson, Ketterhagen, and Brew recklessly, knowingly, intentionally, willfully and wantonly conspired and agreed with one another, and others, to deprive Troy Willoughby of his Fourth and Fourteenth Amendment rights under the United States Constitution by bringing about his wrongful conviction and confinement, despite their knowledge of the evidence within their possession that supported Mr. Willoughby's innocence. 44. These Defendants recklessly, knowingly, intentionally, willfully and wantonly acted in concert throughout the investigation and prosecution ofMr. Willoughby, as documented in reports, recordings, and testimony. During Defendants' recorded meetings, the main topic of Page 18 of 22
Case 1:12-cv-00210-SWS Document 1 Filed 09/17/12 Page 19 of 22 discussion was about the exculpatory evidence and what they should do with it. After some discussion, and contrary to Deputy Gehlhausen's urging, Defendants came to the agreement that the ''best thing is we didn't know it existed," that "if they find out we knew, that it's exculpatory, and- he's gonna fucking walk," and they were ''gonna brain storm, but we may just let it ride and see what happens." These statements document Defendants' conscious decision to work together to keep the exculpatory evidence secret, so that Mr. Willoughby would not be set free. 45. Each Defendant recklessly, knowingly, intentionally, willfully and wantonly engaged in overt acts in furtherance of the conspiracy, as described herein, including but not limited to: (1) withholding and/or hiding exculpatory evidence in an effort to ensure Mr. Willoughby's wrongful conviction and incarceration; (2) making material misrepresentations to the prosecutor as to the true exculpatory nature and relevance of the withheld evidence; and (3) by explicitly agreeing to not disclose the exculpatory evidence in an on-going investigation. 46. In particular, Defendants Hanson, Ketterhagen, and Brew recklessly, knowingly, intentionally, willfully and wantonly engaged in the overt acts of withholding and/or hiding evidence exculpatory of Mr. Willoughby from the SCAO with the intent and understanding of ensuring the evidence would not be discovered by Mr. Willoughby, his defense counsel and judicial officers, and in furtherance of their conspiracy to unfairly convict and incarcerate Mr. Willoughby. Defendants made recorded statements stating their knowledge of the gravity of the evidence and that if they turned it over Mr. Willoughby would walk and that the best thing for them is to say ''they didn't know it existed." Page 19 of 22
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Wyoming Court Papers.pdf - KELOLAND.com

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