992 F.3d 128

Court does not reach issue of whether favorable termination requirement is more capacious for fabrication of evidence claim than for malicious prosecution because finds favorable termination under latter standard; although termination for facial insufficiency generally do not qualify as favorable, that determination is context-specific; here disposition was noted as facial insufficiency but circumstances showed that case was dismissed because officers found marijuana in an apartment where others were present, photos showed plaintiff arrived at apartment only after police, and it was dispute

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.