NY Claims: Searching officer’s later perjury indictment over another SW affidavit supports claim over claimant’s conviction set aside as a result of disclosure

Claimant was convicted of drug possession. The state notified him after the fact that the arresting officer had been indicted for perjury for a false search warrant affidavit in an unrelated case. His criminal case was a credibility contest about whose drugs were in the car. His conviction was set aside. He states a claim for relief against the state for the conviction. Smythe v. State of New York, 2022 NY Slip Op 22050, 2022 N.Y. Misc. LEXIS 677 (Ct. Claims Feb. 24, 2022).*

The defendant officers claim of qualified immunity for plaintiff’s arrest in alleged retaliation for First Amendment rights and excessive force depends on facts. Summary judgment denied; appeal dismissed. Anderson v. Holmes, 2022 U.S. App. LEXIS 5146 (6th Cir. Feb. 25, 2022).*

This entry was posted in Franks doctrine. Bookmark the permalink.

Comments are closed.