MEMORANDUM OPINION
TEITELBAUM, District Judge.
In this civil rights action brought under 42 U.S.C. § 1983 Harold E. Brown alleges Charles B. Johnston and Johnston's attorney, Blair F. Green, conspired with the district attorney to refile forgery charges against Brown knowing that Brown was innocent and knowing that the nolle-prosse of prior forgery charges precluded a successful second prosecution. Before the
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