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· 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 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.