Gayle T. Bigger v. Midfirst Bank

How courts have described this case

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

• finding that fabrications that become a part of the evidentiary record raise a trial issue as to causation, despite the “presumption of prosecutorial independent judgment”
• noting 5 that “[d]eliberately fabricated evidence in a prosecutor’s file can rebut any presumption of 6 prosecutorial independence.”
• remanding a Monell claim to the district court after reversing summary judgment on the underlying Constitutional claim
• “[R]etaliatory motive is not an element of a fabrication of evidence claim . . . .”
• “Deliberately fabricated evidence in a prosecutor’s file can rebut any presumption 28 of prosecutorial independence.”
• “[A] § 1983 plaintiff need not be convicted on the basis of the fabricated 23 evidence to have suffered a deprivation of liberty—being criminally charged is enough.”

Source: CourtListener parenthetical corpus (CC0).