1986, and his claims for fraud and false imprisonment. The claims against Balshyremaining for disposition at trial are (1) a §1983 claim based upon malicious prosecution and
violations, (2) a state law conspiracy claim, and (3) a statelaw intentional infliction of emotional distress claim (Judge McClure’s Order,February 3, 2006).
Statement of Facts
This case results from the September 13, 1970 murder of thirteen year oldJohnny Mitchell, whose body was found in a garage owned by Steven Crawford’sfather. His head had been smashed with a hammer. The police investigationrevealed a latent palm print on the driver’s side of one of the vehicles in the garage.The blood type of the spatter found on the vehicle matched Johnny Mitchell’s blood type. Witness interviews were conducted and Steven Crawford (“Plaintiff”) became a suspect. Plaintiff submitted an inked palm print which was later positively matched to three palm prints lifted from the crime scene, including theone on the car in the garage.On November 29, 1972, before Plaintiff was charged with Mitchell’smurder, Balshy accompanied Simpson to the State Police Crime Lab. Balshy wasnot a prosecuting officer, and the State Police were not directly involved, in theMitchell homicide investigation. Balshy was along simply to “open doors” for
Brady v. Maryland
, 373 U.S. 83, 83 S.Ct. 1194 (1963)