Fabricating Evidence

Fabrication of evidence claim requires “bad faith” by defendant, defined as formulating or submitting false evidence willfully, knowingly, or with a reckless disregard for its truth.

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 re

Holding as “conclusory” allegations that defendants suppressed exculpatory police reports and “knowingly and deliberately failed to provide these reports to [defendant], his defense attorneys, or prosecutors” and that defendant would have used reports to impeach witnesses; faulting plaintiff for failing to identify each witness who would have been impeached, which testimony would have been discredited, and which defendant was responsible for suppressing each report; rejecting claim of fabricated evidence based on similar arguments about conclusory allegations; rejecting claims a