Billy Irl Glover v. Bruce Tower, Public Defender of Douglas County, Oregon and Gary Babcock, Public Defender of the State of Oregon

Glover appeals the district court’s dismissal of his civil rights action. The complaint, which was filed by Glover pro se, alleged that the public defenders who represented him in a prior state criminal action violated the provisions of 42 U.S.C. §§ 1981 , 1982, 1983 and 1985(3) by conspiring with various public officials to violate his constitutional rights. The district court held that Glover had failed to state a claim upon which relief could be granted and dismissed his action.

Glover alleged that his public defenders at trial and on appeal violated his constitutional rights by conspiring with the trial judge, the Oregon Court of Appeals and other named and unnamed state officials to secure his conviction on a felony charge brought by the State of Oregon. He alleged that defendant Tower intentionally failed to obtain evidence to support his de fense of mental defect and refused to withdraw as counsel to allow Glover to represent himself. He further alleged the existence of a conspiracy between Tower and the trial judge to secure his conviction. In furtherance of that conspiracy, the trial judge allegedly denied Glover’s motions for new counsel and for a new trial. The Oregon…