· 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 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.