tower
glover
argued
february
decided
june
petitioner
tower
douglas
county
public
defender
represented
respondent
state
robbery
trial
resulted
respondent
conviction
petitioner
babcock
oregon
state
public
defender
represented
respondent
unsuccessful
appeal
least
one
conviction
subsequently
respondent
filed
state
petition
postconviction
relief
seeking
conviction
set
aside
ground
petitioners
conspired
various
state
officials
including
trial
appellate
judges
former
attorney
general
secure
respondent
conviction
following
day
respondent
filed
instant
action
petitioners
federal
district
seeking
recover
punitive
damages
basis
factual
allegations
identical
made
petition
district
granted
petitioners
motion
dismiss
action
holding
public
defenders
absolutely
immune
liability
appeals
reversed
remanded
case
trial
prior
appeals
decision
proceedings
came
trial
resulted
finding
conspiracy
convict
respondent
held
respondent
complaint
adequately
alleges
conduct
color
state
law
purposes
view
conspiracy
allegations
although
appointed
counsel
state
criminal
prosecution
act
color
state
law
normal
course
conducting
defense
polk
county
dodson
otherwise
private
person
acts
color
state
law
engaged
conspiracy
state
officials
deprive
another
federal
rights
dennis
sparks
pp
state
public
defenders
immune
liability
intentional
misconduct
virtue
alleged
conspiratorial
action
state
officials
deprives
clients
federal
rights
purposes
immunities
predicated
upon
considered
inquiry
immunity
historically
accorded
relevant
official
common
law
interests
behind
immunity
public
defenders
existed
common
law
predecessor
enacted
office
existence
time
although
public
defender
reasonably
close
cousin
english
barrister
although
barristers
enjoyed
century
still
enjoy
broad
immunity
liability
negligent
misconduct
nevertheless
barristers
never
enjoyed
immunity
liability
intentional
misconduct
country
public
defender
counterpart
privately
retained
lawyer
lawyer
enjoyed
immunity
tort
liability
intentional
misconduct
allegedly
involved
immunity
warranted
asserted
ground
public
defenders
responsibilities
similar
judge
prosecutor
enjoy
similar
immunities
order
ultimately
impair
state
attempt
meet
constitutional
obligation
furnish
criminal
defendants
effective
counsel
order
prevent
inundation
federal
courts
frivolous
lawsuits
congress
determine
whether
litigation
become
burdensome
state
federal
institutions
remedial
action
appropriate
pp
open
district
remand
consider
whether
respondent
collaterally
estopped
action
state
finding
alleged
conspiracy
never
occurred
pp
delivered
opinion
burger
white
powell
rehnquist
joined
first
paragraph
part
iv
brennan
marshall
blackmun
stevens
joined
brennan
filed
opinion
concurring
part
concurring
judgment
marshall
blackmun
stevens
joined
post
dave
frohnmayer
attorney
general
oregon
argued
cause
petitioners
briefs
william
gary
deputy
attorney
general
james
mountain
solicitor
general
michael
reynolds
william
nessly
roy
pulvers
assistant
attorneys
general
craig
edwards
argued
cause
respondent
brief
richard
slottee
jim
smith
attorney
general
mitchell
franks
james
peters
eric
taylor
assistant
attorneys
general
filed
brief
state
florida
amicus
curiae
urging
reversal
john
ransom
diane
alessi
filed
brief
national
association
criminal
defense
lawyers
et
al
amici
curiae
urging
affirmance
justice
delivered
opinion
petitioners
two
public
defenders
working
state
oregon
petitioner
bruce
tower
douglas
county
public
defender
represented
respondent
billy
irl
glover
one
glover
state
trials
robbery
charges
glover
convicted
petitioner
gary
babcock
oregon
state
public
defender
represented
glover
glover
unsuccessful
appeal
least
one
conviction
action
brought
glover
alleges
petitioners
conspired
various
state
officials
including
trial
appellate
judges
former
attorney
general
oregon
secure
glover
conviction
glover
seeks
neither
reversal
conviction
compensatory
damages
asks
instead
million
punitive
damages
awarded
petitioner
app
conclude
public
defenders
immune
liability
actions
brought
criminal
defendant
state
public
defenders
alleged
conspired
state
officials
deprive
plaintiff
federal
constitutional
rights
glover
arrested
february
del
norte
county
cal
pet
cert
glover
dolan
state
california
extradited
glover
benton
county
december
upon
arriving
oregon
glover
immediately
filed
habeas
corpus
relief
federal
district
seeking
apparently
stay
pending
trial
hearing
petition
held
january
immediate
relief
denied
final
disposition
federal
habeas
action
glover
tried
convicted
different
robbery
charges
least
two
oregon
state
courts
one
trial
trial
action
directly
linked
held
douglas
county
circuit
case
glover
represented
petitioner
tower
convicted
petitioner
babcock
represented
glover
appeal
conviction
conviction
summarily
affirmed
oregon
appeals
january
oregon
glover
app
second
robbery
trial
trial
connection
glover
filed
federal
habeas
action
held
benton
county
circuit
case
pet
cert
supra
april
glover
convicted
five
days
later
sentenced
years
prison
conviction
affirmed
april
oregon
glover
app
petitioner
babcock
represented
glover
appeal
well
meanwhile
december
federal
magistrate
glover
habeas
petition
referred
recommended
dismissed
march
district
dismissed
habeas
petition
ground
glover
failed
exhaust
state
remedies
glover
dolan
dist
glover
gave
notice
appeal
appeals
ninth
circuit
district
refused
issue
certificate
probable
cause
appeals
dismissed
glover
application
certificate
probable
cause
july
agreeing
district
glover
failed
exhaust
state
remedies
glover
dolan
petition
writ
certiorari
filed
glover
contended
ninth
circuit
district
erred
requiring
exhaust
remedies
bringing
federal
habeas
petition
denied
petition
certiorari
incarcerated
oregon
state
penitentiary
glover
initiated
new
lawsuits
attacking
conviction
simultaneously
state
federal
courts
suits
proceeded
parallel
almost
three
years
first
december
glover
filed
petition
postconviction
relief
circuit
state
oregon
marion
county
seeking
conviction
set
aside
basis
alleged
conspiracy
lawyers
various
state
officials
petition
later
consolidated
petition
postconviction
relief
filed
connection
glover
benton
county
conviction
following
day
december
glover
filed
action
petitioners
federal
district
factual
allegations
identical
made
petition
indeed
glover
simply
appended
copies
papers
filed
state
complaint
april
federal
district
granted
petitioners
motion
dismiss
glover
action
relying
decision
appeals
ninth
circuit
held
public
defenders
absolutely
immune
liability
miller
barilla
app
pet
cert
february
consolidated
petitions
came
trial
marion
county
circuit
state
found
conspiracy
convict
glover
therefore
denied
glover
request
relief
two
weeks
later
march
appeals
ninth
circuit
reversed
federal
district
decision
remanded
trial
light
decisions
ferri
ackerman
polk
county
dodson
may
petitioners
filed
petition
writ
certiorari
appeals
ninth
circuit
june
glover
filed
notice
appeal
state
oregon
appeals
consolidated
judgment
marion
county
oregon
appeals
dismissed
glover
appeal
failure
prosecute
august
issued
writ
certiorari
appeals
ninth
circuit
october
ii
title
provides
person
acts
color
state
law
deprive
another
constitutional
rights
shall
liable
suit
damages
petitioners
concede
appeals
agreed
glover
conspiracy
allegations
cast
color
state
law
petitioners
actions
brief
petitioners
see
polk
county
dodson
supra
held
appointed
counsel
state
criminal
prosecution
though
paid
ultimately
supervised
state
act
color
state
law
normal
course
conducting
defense
see
also
ferri
ackerman
supra
dennis
sparks
however
held
otherwise
private
person
acts
color
state
law
engaged
conspiracy
state
officials
deprive
another
federal
rights
glover
alleges
petitioners
conspired
state
officials
complaint
therefore
includes
adequate
allegation
conduct
color
state
law
iii
face
admits
immunities
since
consistently
recognized
substantive
doctrines
privilege
immunity
may
limit
relief
available
litigation
see
imbler
pachtman
pulliam
allen
recognized
absolute
immunity
legislators
acting
within
legislative
roles
tenney
brandhove
judges
acting
within
judicial
roles
pierson
ray
prosecutors
imbler
pachtman
supra
witnesses
briscoe
lahue
recognized
qualified
immunity
state
executive
officers
school
officials
see
scheuer
rhodes
wood
strickland
section
immunities
predicated
upon
considered
inquiry
immunity
historically
accorded
relevant
official
common
law
interests
behind
imbler
pachtman
supra
pulliam
allen
supra
official
accorded
immunity
tort
actions
common
law
civil
rights
act
enacted
next
considers
whether
history
purposes
nonetheless
counsel
recognizing
immunity
actions
see
imbler
pachtman
supra
briscoe
lahue
supra
using
framework
conclude
public
defenders
immunity
liability
intentional
misconduct
type
alleged
immunity
public
defenders
existed
common
law
course
office
position
existence
time
first
public
defender
program
reportedly
established
mounts
public
defender
programs
professional
responsibility
competent
representation
rev
inquiry
however
stop
immunities
country
regularly
borrowed
english
precedents
public
defender
reasonably
close
cousin
english
barrister
like
public
defenders
barristers
free
pick
choose
clients
thought
formal
contractual
relationship
clients
incapable
suing
clients
fee
see
rondel
worsley
kaus
mallen
misguiding
hand
counsel
reflections
criminal
malpractice
ucla
rev
nn
therefore
noteworthy
english
barristers
enjoyed
century
still
today
broad
immunity
liability
negligent
misconduct
rondel
worsley
supra
recent
decision
house
lords
traces
immunity
origins
present
nevertheless
appears
even
barristers
never
enjoyed
immunity
liability
intentional
misconduct
opinion
lord
pearson
intentional
misconduct
concerns
us
country
public
defender
counterpart
privately
retained
lawyer
petitioners
suggest
lawyer
enjoyed
immunity
tort
liability
intentional
misconduct
cf
baker
humphrey
von
wallhoffen
newcombe
hun
sup
hoopes
burnett
miss
pattern
continued
petitioners
concede
oregon
state
practice
given
indication
statute
appellate
decision
public
defenders
immune
state
tort
law
liability
intentional
misconduct
indeed
state
appellate
courts
addressed
question
public
defender
immunity
none
knowledge
concluded
public
defenders
enjoy
immunity
intentional
misconduct
true
common
law
defense
counsel
benefited
immunity
defamatory
statements
made
course
judicial
proceedings
see
imbler
pachtman
supra
white
concurring
judgment
immunity
covered
conspiracy
defense
counsel
state
officials
secure
defendant
conviction
finally
petitioners
contend
public
defenders
responsibilities
similar
judge
prosecutor
therefore
enjoy
similar
immunities
threat
actions
based
alleged
conspiracies
among
defense
counsel
state
officials
may
deter
counsel
engaging
activities
require
degree
cooperation
prosecutors
negotiating
pleas
expediting
trials
appeals
ultimately
petitioners
argue
state
attempt
meet
constitutional
obligation
furnish
criminal
defendants
effective
counsel
impaired
time
federal
courts
may
inundated
frivolous
lawsuits
petitioners
concerns
may
well
founded
remedy
petitioners
urge
us
adopt
license
establish
immunities
actions
interests
judge
sound
public
policy
congress
determine
whether
litigation
become
burdensome
state
federal
institutions
remedial
action
appropriate
conclude
state
public
defenders
immune
liability
intentional
misconduct
color
state
law
virtue
alleged
conspiratorial
action
state
officials
deprives
clients
federal
rights
iv
already
described
supra
glover
already
one
day
indeed
familiar
delicate
intricacies
jurisdiction
might
characterize
glover
successful
initiation
prosecution
entirely
parallel
duplicative
state
federal
actions
great
waste
judicial
resources
appears
least
glover
exhausted
defaulted
opportunities
conviction
set
aside
basis
alleged
conspiracy
among
lawyers
state
officials
therefore
occasion
decide
federal
district
abstain
deciding
suit
damages
stemming
unlawful
conviction
pending
collateral
exhaustion
attacks
conviction
cf
younger
harris
federal
may
enjoin
ongoing
criminal
proceeding
preiser
rodriguez
action
injunctive
relief
may
used
bypass
exhaustion
requirements
federal
habeas
corpus
action
juidice
vail
occasion
determine
whether
damages
action
may
engage
younger
principles
patsy
florida
board
regents
white
concurring
part
defendant
civil
administrative
enforcement
proceeding
may
enjoin
sidetrack
proceeding
resorting
action
federal
open
district
remand
consider
whether
glover
collaterally
estopped
action
state
finding
conspiracy
alleged
glover
complaint
never
occurred
allen
mccurry
see
supra
judgment
appeals
ninth
circuit
affirmed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
pet
cert
glover
dolan
glover
dolan
supra
note
glover
complaint
filed
december
asserts
glover
begun
lawsuits
state
federal
dealing
facts
involved
action
otherwise
relating
imprisonment
app
statement
apparently
accurate
glover
signed
complaint
ceased
complaint
actually
filed
federal
district
reference
decisions
federal
district
appeals
parallel
proceedings
progress
state
courts
findings
fact
marion
county
stated
trial
judge
act
prejudice
petitioner
trial
judge
arbitrarily
exclude
evidence
witnesses
trial
judge
participate
conspiracy
petitioner
trial
counsel
petitioner
afforded
effective
assistance
trial
counsel
trial
counsel
adequately
prepared
trial
securing
necessary
evidence
witnesses
petitioner
afforded
effective
assistance
appellate
counsel
windsor
gibson
app
donigan
finn
app
reese
danforth
spring
constantino
see
scott
city
niagara
falls
misc
sup
public
defenders
enjoy
immunity
discretionary
decisions
taken
pursuance
duties
public
defenders
see
meadows
evans
aff
en
banc
cert
denied
martin
merola
guerro
mulhearn
alexander
emerson
justice
brennan
justice
marshall
justice
blackmun
justice
stevens
join
concurring
part
concurring
judgment
agree
fully
judgment
reasoning
used
arrive
conclusion
ordinarily
complete
agreement
make
writing
quite
unnecessary
ordinary
case
although
issue
never
raised
parties
although
properly
concedes
issue
absolutely
bearing
disposition
case
nevertheless
seen
fit
observe
ha
occasion
decide
whether
federal
courts
abstain
deciding
state
prisoner
suit
damages
stemming
unlawful
conviction
pending
prisoner
exhaustion
collateral
challenges
conviction
ante
reasons
occasion
decide
question
clear
enough
question
never
pressed
passed
upon
never
briefed
argued
respondent
glover
already
exhausted
remedies
issue
bearing
whatsoever
proper
resolution
controversy
called
upon
decide
accordingly
join
opinion
except
unnecessary
paragraph
beginning
part
iv