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Beverly Hills man who was investigated but not charged in his wife’s death failed Friday to reinstate a lawsuit against the police for allegedly concocting false evidence.

Gary Klein, whose wife, Rina Pakula Klein, 41, died in 2009, charged in a lawsuit that a former homicide investigator for the Beverly Hills police told judges lies to obtain three search warrants for his home.

A district judge ruled in favor of the police, and Klein appealed to the U.S. 9th Circuit Court of Appeals.

A three-judge 9th Circuit panel upheld the lower court’s decision, finding that Klein failed to show that former Det. Daniel Chilson “made deliberately or recklessly false statements, and that, but for his dishonesty, the warrants would not have been issued.”

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