Billy Julian was wrongfully prosecuted and convicted as a result of police fabrication of inculpatory evidence against him (including coercing/threatening witnesses to testify falsely against him) and withholding of exculpatory evidence. Julian was imprisoned for over 3 years after wrongful conviction, then conviction was vacated after post-conviction court found Brady violations. Charges remained pending for an additional 4 years until they were finally dismissed.
Plaintiff was wrongfully convicted of a 1984 double homicide and sentenced to death, then re-tried and acquitted in 2009. Plaintiff alleged that Defendant Officers fabricated false eyewitness identifications and false inculpatory testimony from informants, and suppressed exculpatory evidence by burying it in a street file. Plaintiff alleged that the suppression of the street file was caused by the policies and practices of the City of Chicago. The Defendants contended that Plaintiff was guilty of the double homicide.
This brief argues that appellate jurisdiction does not extend to an appeal over the district court’s denial of qualified immunity based on factual disputes.
Thompson v. Clark asks whether an individual seized during criminal proceedings in violation of the Fourth Amendment must prove that the criminal proceedings ended in a manner indicative of their innocence before bringing a section 1983 action to redress the violation of their constitutional rights. This brief argues that criminal proceedings terminating in a manner indicating innocence is not a requirement for individuals seeking a 1983 claim.