Robert Lee Blevins v. John Ford, III and John Mitchell, Robert Lee Blevins v. John Ford, III and United States of America, Phillip Johnson

Blevins appeals from judgments dismissing his complaint against respondent Johnson with prejudice and against respondents Ford and Mitchell without prejudice, in an action alleging deprivation of civil rights. We affirm both judgments.

FACTS

In 1970 Blevins was tried and convicted in federal court on charges stemming from a scheme to defraud investors in platinum. At trial he was represented by attorney Mitchell and prosecuted by Assistant United States Attorney Johnson. Attorney Ford, a government witness, testified against Blevins.

In 1972, after an unsuccessful appeal, Blevins attacked his conviction collaterally under 28 U.S.C. § 2255 , alleging that Ford gave perjured testimony at Blevins’ criminal trial. Mitchell and Johnson were called as government witnesses at an evidentiary hearing on the § 2255 motion, and each denied any knowledge of perjured testimony having been presented at Blevins’ criminal trial. At that time, Johnson was no longer a government attorney.

Blevins’ § 2255 motion was denied, and he then filed this civil action against Ford, Mitchell and Johnson. Predicating liability on 42 U.S.C. § 1983 , 42 U.S.C. § 1985 , and the Fifth Amendment to the United…