· 9/25/2015
Ted Bradford v. Joseph Scherschligt
Citations
- 803 F.3d 382
- 2015 U.S. App. LEXIS 16962
- 2015 WL 5637534
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- treating claim alleging fabrication of evidence in the same way as claim of malicious prosecution for accrual purposes
- analogizing a fabrication of evidence claim to malicious prosecution for accrual purposes
- finding due process claim related 2 to evidence tampering had yet to accrue, despite overturning of plaintiff’s conviction, where 3 plaintiff was retried for the same crime and the state could have used the same evidence against 4 the plaintiff
- “the right at issue in a Devereaux claim is the right to be free from criminal charges based on a claim of deliberately fabricated evidence
- claim for deliberate fabrication of evidence accrues when charges are fully and finally resolved and can no longer be brought against defendant; here, acquittal at retrial.
- claim for deliberate fabrication of evidence accrues when charges are fully and finally resolved and can no longer be brought against defendant; here, acquittal at retrial
Source: CourtListener parenthetical corpus (CC0).
Judges: Noonan, Hawkins, Gould
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.