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pachtman
argued
november
decided
march
petitioner
convicted
murder
unsuccessfully
petitioned
state
habeas
corpus
basis
respondent
prosecuting
attorney
revelation
newly
discovered
evidence
charged
respondent
knowingly
used
false
testimony
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material
evidence
petitioner
trial
petitioner
thereafter
filed
federal
habeas
corpus
petition
based
allegations
ultimately
obtained
release
brought
action
respondent
others
seeking
damages
loss
liberty
allegedly
caused
unlawful
prosecution
district
held
respondent
immune
liability
appeals
affirmed
held
state
prosecuting
attorney
acted
within
scope
duties
initiating
pursuing
criminal
prosecution
presenting
state
case
absolutely
immune
civil
suit
damages
alleged
deprivations
accused
constitutional
rights
pp
section
read
harmony
general
principles
tort
immunities
defenses
rather
derogation
tenney
brandhove
pp
considerations
public
policy
underlie
rule
absolute
immunity
prosecutor
suit
malicious
prosecution
likewise
dictate
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immunity
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immunity
leaves
genuinely
wronged
criminal
defendant
without
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redress
prosecutor
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malicious
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action
deprives
liberty
alternative
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prosecutor
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disserve
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public
interest
prevent
vigorous
fearless
performance
prosecutor
duty
essential
proper
functioning
criminal
justice
system
often
prejudice
criminal
defendants
skewing
judicial
decisions
made
sole
purpose
insuring
justice
pp
powell
delivered
opinion
burger
stewart
blackmun
rehnquist
joined
white
filed
opinion
concurring
judgment
brennan
marshall
joined
post
stevens
took
part
consideration
decision
case
roger
hanson
argued
cause
filed
brief
petitioner
john
farrell
argued
cause
respondent
brief
john
larson
solicitor
general
bork
argued
cause
amicus
curiae
brief
acting
assistant
attorney
general
keeney
deputy
solicitor
general
friedman
harry
sachse
jerome
feit
evelle
younger
attorney
general
jack
winkler
chief
assistant
attorney
general
clark
moore
assistant
attorney
general
russell
iungerich
edward
fogel
deputy
attorneys
general
filed
brief
state
california
amicus
curiae
urging
affirmance
joseph
busch
patrick
healy
filed
brief
national
district
attorneys
association
amicus
curiae
justice
powell
delivered
opinion
question
presented
case
whether
state
prosecuting
attorney
acted
within
scope
duties
initiating
pursuing
criminal
prosecution
amenable
suit
alleged
deprivations
defendant
constitutional
rights
appeals
ninth
circuit
held
affirm
events
culminated
suit
span
many
years
several
judicial
proceedings
began
january
two
men
attempted
rob
los
angeles
market
run
morris
hasson
one
shot
fatally
wounded
hasson
two
fled
different
directions
ten
days
later
leonard
lingo
killed
attempting
robbery
pomona
two
accomplices
escaped
paul
imbler
petitioner
case
turned
next
day
one
accomplices
subsequent
investigation
led
los
angeles
district
attorney
believe
imbler
lingo
perpetrated
first
crime
well
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killed
hasson
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charged
felony
murder
hasson
death
state
case
consisted
eyewitness
testimony
hasson
wife
identification
testimony
three
men
seen
hasson
assailants
fleeing
shooting
hasson
unable
identify
gunman
hat
obscured
face
police
photographs
identified
killer
companion
leonard
lingo
primary
identification
witness
alfred
costello
passerby
night
crime
testified
clear
view
gunman
emerged
market
moments
later
fleeing
gunman
losing
hat
turned
fire
shot
costello
shed
coat
continuing
costello
positively
identified
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gunman
second
identification
witness
attendant
parking
lot
gunman
ultimately
escaped
testified
side
front
view
man
passed
finally
customer
leaving
hasson
market
robbers
entered
testified
good
look
exited
moments
later
witnesses
identified
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gunman
customer
also
identified
second
man
leonard
lingo
rigorous
failed
shake
witnesses
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defense
alibi
claimed
spent
night
hasson
killing
several
persons
met
lingo
first
time
morning
attempted
robbery
pomona
testimony
corroborated
mayes
accomplice
pomona
robbery
also
claimed
accompanied
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earlier
rounds
bars
jury
found
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guilty
fixed
punishment
death
appeal
california
affirmed
unanimously
numerous
contentions
error
people
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cal
shortly
thereafter
deputy
district
attorney
richard
pachtman
prosecutor
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trial
respondent
wrote
governor
california
describing
evidence
turned
trial
investigator
state
correctional
authority
substance
evidence
consisted
newly
discovered
corroborating
witnesses
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alibi
well
new
revelations
prime
witness
costello
background
indicated
less
trustworthy
represented
originally
pachtman
testimony
pachtman
noted
leads
information
available
imbler
counsel
prior
trial
apparently
developed
costello
testified
convincingly
withstood
intense
none
new
evidence
conclusive
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innocence
explained
wrote
belief
prosecuting
attorney
duty
fair
see
true
facts
whether
helpful
case
presented
imbler
filed
state
habeas
corpus
petition
shortly
pachtman
letter
california
appointed
one
retired
justices
referee
hold
hearing
costello
main
attraction
recanted
trial
identification
imbler
also
established
painted
picture
background
flattering
true
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corroborating
witnesses
uncovered
prosecutor
pachtman
investigations
also
testified
brief
california
habeas
petition
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counsel
described
pachtman
detective
work
highest
tradition
law
enforcement
justice
premier
example
devotion
duty
also
charged
prosecution
knowingly
used
false
testimony
suppressed
material
evidence
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trial
opinion
justice
traynor
california
unanimously
rejected
contentions
denied
writ
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cal
california
noted
hearing
record
fully
supported
referee
finding
costello
recantation
identification
lacked
credibility
compared
original
identification
new
corroborating
witnesses
appeared
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behalf
unsure
stories
otherwise
impeached
year
denial
state
habeas
petition
imbler
succeeded
death
sentence
overturned
grounds
unrelated
case
imbler
cal
rather
resentence
state
stipulated
life
imprisonment
matter
lay
several
years
late
early
imbler
filed
habeas
corpus
petition
federal
district
based
contentions
previously
urged
upon
rejected
california
district
held
hearing
instead
decided
petition
upon
record
including
pachtman
letter
governor
transcript
referee
hearing
ordered
california
reading
record
quite
differently
seven
justices
state
district
found
eight
instances
state
misconduct
imbler
trial
cumulative
effect
required
issuance
writ
imbler
craven
supp
cd
cal
six
occurred
costello
testimony
amounted
view
culpable
use
prosecution
misleading
false
testimony
two
instances
suppressions
evidence
favorable
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police
fingerprint
expert
testified
trial
police
investigated
hasson
murder
district
ordered
writ
habeas
corpus
issue
unless
california
retried
imbler
within
days
denied
petition
rehearing
state
appealed
appeals
ninth
circuit
claiming
district
failed
give
appropriate
deference
factual
determinations
california
required
appeals
affirmed
finding
district
merely
reached
different
conclusions
state
applying
federal
constitutional
standards
facts
imbler
california
certiorari
denied
california
chose
retry
imbler
released
point
decade
litigation
imbler
free
stage
set
present
suit
april
imbler
filed
civil
rights
action
related
statutes
respondent
pachtman
police
fingerprint
expert
various
officers
los
angeles
police
force
alleged
conspiracy
among
unlawfully
charge
convict
caused
loss
liberty
grievous
injury
demanded
million
actual
exemplary
damages
defendant
plus
attorney
fees
imbler
attempted
incorporate
complaint
district
decision
granting
writ
habeas
corpus
part
tracked
opinion
setting
overt
acts
furtherance
alleged
conspiracy
gravamen
complaint
pachtman
intent
occasions
negligence
allowed
costello
give
false
testimony
found
district
fingerprint
expert
suppression
evidence
chargeable
federal
law
pachtman
addition
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claimed
pachtman
prosecuted
knowledge
lie
detector
test
cleared
imbler
pachtman
used
trial
police
artist
sketch
hasson
killer
made
shortly
crime
allegedly
altered
resemble
imbler
closely
investigation
focused
upon
pachtman
moved
fed
rule
civ
proc
complaint
dismissed
district
noting
public
prosecutors
repeatedly
held
immune
civil
liability
acts
done
part
traditional
official
functions
found
pachtman
alleged
acts
fell
category
granted
motion
following
entry
final
judgment
pachtman
fed
rule
civ
proc
imbler
appealed
appeals
ninth
circuit
one
judge
dissenting
affirmed
district
opinion
finding
pachtman
alleged
acts
committed
prosecutorial
activities
characterized
integral
part
judicial
process
quoting
marlowe
coakley
granted
certiorari
consider
important
recurring
issue
prosecutorial
liability
civil
rights
act
ii
title
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person
acts
color
state
law
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