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· 7/16/1987

Gary Hensley v. Bernard Carey, Robert Stanley, Theodore Williams

Citations

  • 818 F.2d 646

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Brathwaite established “a prophylactic rule that protects a defendant’s right to a fair trial by barring the admission of unreliable eyewitness identifications.”
  • holding that a defendant who participated in an allegedly unduly suggestive lineup but was not ultimately tried “could not possibly have been deprived of his right to a fair trial since he was never tried”
  • rejecting an ar- gument for liability under these circumstances, although the suggestive identification led to pretrial detention
  • plaintiff “could not possibly have been deprived of his right to a fair trial since he was never tried”
  • “defendants could not have violated [the § 1983 plaintiff’s] constitutional rights simply by subjecting him to a lineup which was allegedly unduly suggestive.”
  • “defendants could not have violated [the § 1983 plaintiff’s] constitutional rights simply by subjecting him to a lineup which was allegedly unduly suggestive.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Coffey, Grant

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.