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· 3/2/2004

Pierce v. Gilchrist

Citations

  • 359 F.3d 1279
  • 2004 U.S. App. LEXIS 3989
  • 2004 WL 383245

How courts have described this case

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

  • concluding that “falsification of in-culpatory evidence or suppressing of exculpatory evidence” that “was necessary to the finding of probable cause” would establish the lack of probable cause element
  • concluding that the \existence probable cause at the time of the arrest \ is the wrong inquiry for malicious prosecution claims
  • holding that defendant who fabricated evidence was not free of liability for malicious prosecution simply because she did not “initiate[]” or “file[] the charges”
  • recognizing that causation is met where defendant’s statements “prevaricate[] and distort[] evidence” to cause prosecution against plaintiff
  • concluding that forensic analyst who \distorted] evidence to convince the prosecuting authorities to press charges” couldn’t \ ‘hide behind’ the fact that she neither initiated nor filed the charges against” plaintiff
  • holding that individual accrues a procedural due process claim for being arrested and prosecuted based on fabricated evidence “at some point after arrest, and certainly by the time of trial”

Source: CourtListener parenthetical corpus (CC0).

Judges: McConnell, Brorby, Tymkovich

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.