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GALBRAITH v. COUNTY OF SANTA CLARA

No. 00-17369.

307 F.3d 1119 (2002)

Nelson GALBRAITH, Plaintiff-Appellant, v. COUNTY OF SANTA CLARA, a Municipality of the State of California; Angelo Ozoa, MD, individually, and in his official capacity as Santa Clara County Chief Medical Examiner-Coroner, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 9, 2002.

Attorney(s) appearing for the Case

Michael Goldsmith, Park City, Utah, and Thomas R. Hogan, Law Offices of Thomas R. Hogan, San Jose, California, for plaintiff-appellant.

James E. Towery, Hoge, Fenton, Jones & Appel, Inc., San Jose, CA, for defendants-appellees.

Before SCHROEDER, Chief Judge, B. FLETCHER and KOZINSKI, Circuit Judges.

OPINION

SCHROEDER, Chief Judge.

This appeal involves a claim that a county coroner falsified an autopsy report, leading to the false arrest and prosecution of plaintiff Nelson Galbraith ("Galbraith") for murder in violation of his constitutional rights. The central question is whether a heightened pleading standard should continue to apply to constitutional tort claims in which improper motive is an element. See Branch v. Tunnell,

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