CA7: Ptf’s manufactured evidence claim survives QI

Plaintiff was tried and acquitted for murder. He sued under § 1983 after two years in custody alleging evidence for his trial was fabricated and exculpatory evidence was withheld. The district court denied qualified immunity, and the defendants appealed. Defendants get qualified immunity on the Brady claim but not the manufactured evidence claim. “Only the legal theory, however, is out of the case. We do not understand Curt to be conceding any issue of fact that underlies his Fourteenth Amendment argument. If and when this case goes to trial on Count II and the other remaining claims, Curt may continue to allege that Gibson and Keller fabricated, manipulated, and withheld evidence, subject only to the ordinary relevance standards imposed by the Federal Rules of Evidence, as applied to his Fourth Amendment theory. And he may continue to argue that such conduct resulted in his detention without probable cause.” Lovelace v. Gibson, 2021 U.S. App. LEXIS 37993 (7th Cir. Dec. 22, 2021).* Update 1/5/22: techdirt: Appeals Court Denies Immunity To Bored Cop Who Decided To Turn A Natural Death Into A Murder by Tim Cushing

“The officers argue that Leng’s preexisting spinal condition exacerbated injuries from relatively low-level force. A trier of fact could accept that view of the evidence, but it would not be required to do so. Viewing the facts in the light most favorable to Leng’s estate, the application of a substantial level of violent force in these circumstances would have violated Leng’s clearly established Fourth Amendment rights.” Estate of Leng v. City of Issaquah, 2021 U.S. App. LEXIS 37786 (9th Cir. Dec. 21, 2021).*

This entry was posted in § 1983 / Bivens, Excessive force, Qualified immunity. Bookmark the permalink.

Comments are closed.