· 5/30/2012
Herbert Whitlock v. Charles Bruegge
Citations
- 682 F.3d 567
- 2012 WL 1939906
- 2012 U.S. App. LEXIS 10825
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a prosecutor’s fabrication of evidence while acting as an investigator is not covered by qualified immunity
- holding that use of fabricated evidence to effect a deprivation of liberty violates the Due Process Clause was clearly established well before 1987, when the relevant events in that case occurred
- recognizing that successful fabrication of evidence claims will (hopefully) be “exceedingly rare”
- holding that “a police officer who manufactures false evidence against a criminal defendant violated due process if that evidence is later used to deprive the defendant of [his] liberty in some way.”
- stating that a prosecutor does not have absolute immunity from a due process claim based on his pre-probable cause fabrication of evidence
- stating that a prosecutor does not have absolute immunity from a due process claim based on his pre-probable cause fabrication of evidence
Source: CourtListener parenthetical corpus (CC0).
Judges: Flaum, Kanne, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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