Franklin

Franklin v. Terr

Good Law
294 F. Supp. 2d 1145·2003 WL 22889402·2003 U.S. Dist. LEXIS 21656
United States District Court, Northern District of CaliforniaNovember 25, 2003C 97-2443 CRBCalifornia2,790 words

Opinion

Opinion

Breyer, J.

MEMORANDUM AND ORDER

This lawsuit arises out of plaintiff George Franklin’s conviction for a 20-year-old murder based in large part on the testimony of his daughter Eileen Franklin. A federal court reversed plaintiffs conviction in 1996 and the San Mateo County District Attorney declined to retry him. Plaintiff subsequently filed this section 1983 action against his daughter, several San Mateo County officials, and two trial witnesses. After several proceedings, including two interlocutory appeals to the Ninth Circuit Court of Appeals, two claims and one defendant remain in this lawsuit: (1) the third cause of action against Eileen Franklin (“Eileen”) alleging that Eileen conspired with San Mateo County officials to conceal that she had remembered the murder while under hypnosis, and (2) the fourth cause of action against Eileen alleging that Eileen conspired with San Mateo County officials to exclude from plaintiffs criminal trial evidence that everything Eileen knew about the murder could have been learned from information in the public domain. Eileen’s motion for summary judgment on these claims is now pending before the Court.

BACKGROUND

In August 1989, Eileen told her…

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