· 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 CourtListenerSourced 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.