F.4th, 2021 WL 5458432

Plaintiff claimed officers fabricated evidence and deliberately deceived the court by concealing evidence of other individuals who had confessed involvement with the murder and coercing and concealing other witnesses, fabricating physical evidence, and concealing evidence that supported an alibi defense; officers argued that the claimed constitutional rights did not exist at the time (1992) because Brady had not been decided; court denied qualified immunity because it found clearly established the rights to be free from being framed by fabricated evidence and perjured testimony and

Plaintiff had been convicted of murder and served several years, obtained relief on habeas corpus, then pleaded guilty to reduced charges for time served, filed civil suit challenging police misconduct that led to initial conviction; officers appealed district court’s denial of qualified immunity and denial of motion to dismiss based on Heck, and Circuit ruled that it was without jurisdiction to hear the Heck issue, which it distinguished from the issues on qualified immunity.