Wyoming Court Papers.pdf - KELOLAND.com

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.' Case 1:12-cv-00210-SWS Document 1 Filed 09/17/12 Page 4 of 22 exculpatory evidence. Two days after Mr. Willoughby's conviction was Affirmed by the Wyoming Supreme Court, the exculpatory evidence was finally turned over to the Sublette County Attorney's Office and Mr. Willoughby's defense counsel. Because ofDefendants' violation of Mr. Willoughby's constitutional rights and conspiracy to withhold exculpatory evidence in an attempt to secure a conviction, the District Court granted Mr. Willoughby a new trial, at which a jury of his peers found him Not Guilty. Troy Willoughby spent almost Three Years incarcerated from the time ofhis arrest until his acquittal. Jurisdiction- Venue 1. This action arises under the Constitution and laws of the United States and is brought pursuant to Title 42 U.S.C. § 1983. Jurisdiction is conferred on this Court pursuant to Title 28 U.S.C. § 1331. Jurisdiction supporting Plaintiffs claim for attorney fees and costs is conferred by 42 U.S.C. § 1988. 2. Venue in this case is proper pursuant to 28 U.S.C. § 139l(b). All ofthe events relevant to the claims contained herein occurred within the State ofWyorning. Parties 3. At all times pertinent hereto Plaintiff, Mr. Willoughby, was a citizen of the United States of America and resident ofthe State of Montana (except for the time he was wrongfully incarcerated in the State of Wyoming). Mr. Willoughby presently maintains his residence in Montana. Page 4 of 22
.• Case 1:12-cv-00210-SWS Document 1 Filed 09/17/12 Page 5 of 22 4. Defendant Randall "Randy'' Hanson is a citizen of the United States and a resident of the State ofWyoming. At all times relevant to the claims against him, Defendant Hanson was acting under the color of state law in his capacity as an Investigator for the Sublette County Attorney's Office ("SCAO") in the Ninth Judicial District ofWyoming. He began working on the investigation of the Lisa Ehlers murder in November, 2008. During his Investigation, Defendant Hanson was closely involved with virtually every aspect of Mr. Willoughby's arrest and prosecution. Defendant Hanson, in his capacity as SCAO Investigator, advised and worked with Defendant Ketterhagen, Defendant Brew, Deputy Gehlhausen, and the SCSO generally, with respect to the Ehlers and Willoughby investigations. Along with Defendants Ketterhagen and Brew, Defendant Hanson was a driving force behind Mr. Willoughby's wrongful conviction and imprisonment. Defendant Hanson is sued in his individual capacity. 5. Defendant Brian Ketterhagen is a citizen of the United States, is a resident of South Dakota, and at all times pertinent was resident of the State ofWyoming. At all time relevant to the claims against him, Defendant Ketterhagen was acting under the color of state law in his capacity as the Sublette County Sheriffs Office ("SCSO") Captain oflnvestigations. Defendant Ketterhagen was closely involved with the Ehlers investigation from the day the investigation was reopened until Troy Willoughby's conviction. Ketterhagen, as Captain of Investigations, supervised and headed the so called "Leadership T earn" conducting the Ehlers investigation. As lead investigator, Defendant Ketterhagen pursued the arrest and wrongful Page 5 of 22
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Wyoming Court Papers.pdf - KELOLAND.com

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