Conviction for drug possession did not preclude claim of deprivation of liberty for fabricating evidence of drug sale; plaintiff not required to show additional custody or conviction based on sale charge; Fourteenth Amendment claim based on fabricated evidence does not require custody or conviction; fabricated evidence claim requires: “that an (1) investigating official (2) fabricate[d] information (3) that is likely to influence a jury's verdict, (4) forward[ed] that information to prosecutors, and (5) the plaintiff suffe[red] a deprivation of life, liberty, or property as a result”; information fabricated may be the officer’s own account of his observations which he then conveys to prosecutor; prosecution itself may be a deprivation of liberty, liberty may be deprived by consequences beyond custody: “being framed and falsely charged damages an individual’s reputation, requires that individual to mount a defense, and places him in the power of a court of law”.
Citation
Actionable Conduct Edition