Mervilus v. Union County
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.
Fabrication of Evidence
Caraway v. City of Pineville et. al.
Caraway v. City of Pineville et. al. addresses the case of Timothy Caraway, who brought a Section 1983 action against the City of Pineville, the Pineville Police Department, and multiple individual officers alleging numerous violations of his constitutional rights. The District Court granted summary judgement in favor of the Defendants-Appellees, framing self-serving statements made by the police officers involved in the shooting as the true narrative while simultaneously disregarding evidence--including video footage--that contradicted the officers' version of events.
Bledsoe v. Carreno
Denying qualified immunity for claims for fabrication and suppressing exculpatory evidence, law was clearly established by 1999.
Gillispie v. Miami Township, OH
Court lacks jurisdiction over interlocutory appeal of denial of qualified immunity where officer’s argument consisted of disagreements with plaintiff’s facts and district court’s determinations that disputes of facts existed; court notes it is clearly established that introduction of fabricated evidence violates fundamental conceptions of justice which lie at the base of our civil and political institutions.
Kee v. City of New York
2d Cir.
Smalls v. Collins
Under McDonough v. Smith, 139 S.Ct.
Smith v. City of Chicago
Cause of action for illegal pretrial detention based on fabricated evidence accrued when plaintiff was released on bond; court characterizes claim as one under Fourth Amendment rather than Fourteenth Amendment and thus distinguishes McDonough v. Smith, 139 S.Ct. 2149 (2019); bond conditions that he appear in court and requirement that he request permission before leaving state did not constitute a seizure under the Fourth Amendment.
Burgess v. Goldstein
Finding sufficient evidence and affirming $15 million judgment against officer for withholding exculpatory evidence and fabricating evidence leading to conviction of plaintiff for murder; court notes plaintiff’s case was “thin,” but affords deference to jury’s factual determinations.
Truman v. Orem City
Where plaintiff alleged that during investigation prosecutor fabricated evidence in PowerPoint presentation regarding measurements at crime scene that were relevant to whether deceased committed suicide or was murdered, prosecutor was not entitled to qualified immunity on motion to dismiss.
Ashley v. City of New York
Jury charge on fabricated evidence claim was “severely misleading” error requiring new trial, fabrication requires only that defendant knowingly make a false statement or omission; erroneous charge was: “Paperwork errors, or a mere mistake, or mistakes, by a police officer in making a written record is not a basis for finding a constitutional violation but can be considered on the question of veracity.