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· 9/25/2015

Randy Cole v. Michael Hunter

Citations

  • 802 F.3d 752
  • 2015 WL 5672071

How courts have described this case

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

  • “[S]etting aside his time seized under house arrest, [the plaintiff] was framed and charged with a felony [and subjected to] reputational injuries flowing from such a serious charge.”
  • “Where police intentionally fabricate evidence . . . and the Fourth Amendment is unavailing, there may be a [substantive] due process violation.”
  • “Where police intentionally fabricate evidence and successfully get someone falsely charged with a felony as cover for their colleagues’ actions, and the Fourth Amendment is unavailing, there may be a due process violation.”
  • “Executive action must shock the conscience in order to violate substantive due process.”
  • “[T]o make out a Fourth Amendment claim under either a ‘false arrest’ or ‘illegal detention’ theory, the relevant actors must not be aware of facts constituting probable cause to arrest or detain the person for any crime.”
  • “To hold that police officers, having lawfully arrested a suspect, are then free to fabricate false [evidence] at will, would make a mockery of the notion that Americans enjoy the protection of due process of the law and fundamental justice.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Higginbotham, Clement, Higginson

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.