Legal Opinion
Clyde Spencer v. Sharon Krause
Court of Appeals for the Ninth Circuit
Decided May 18, 2017No. 14-35689; 14-35737PublishedCited by 188 opinions
1Opinion of the Court
OPINION
GRABER, Circuit Judge:
The Fourteenth Amendment prohibits the deliberate fabrication of evidence by a state official. Devereaux v. Abbey, 263 F.3d 1070, 1074-75 (9th Cir. 2001) (en banc). Deliberate fabrication can be established by circumstantial evidence. For example, evidence that officials “continued their investigation of [a person] despite the fact that they knew or should have known that he was innocent,” id. at 1076, can raise the inference that the investigator has an “unlawful motivation” to frame an innocent person. Costanich v. Dep’t of Soe. & Health Servs., 627 F.3d 1101,…
2Cases cited32 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- North Carolina v. AlfordSupreme Court of the United States · 1970
- J. Wilkerson v. B. WheelerCourt of Appeals for the Ninth Circuit · 2014
- Polk County v. DodsonSupreme Court of the United States · 1981
- Devereaux v. AbbeyCourt of Appeals for the Ninth Circuit · 2001
27 more not listed; retrieve them via the Exa API.
3Cited by188 opinions
- Ellen Keates v. Michael KoileCourt of Appeals for the Ninth Circuit · 2018
- Maurice Caldwell v. City & County of San FranciscoCourt of Appeals for the Ninth Circuit · 2018
- Otr Wheel Engineering v. West Worldwide ServicesCourt of Appeals for the Ninth Circuit · 2018
- James O'Doan v. Joshua SanfordCourt of Appeals for the Ninth Circuit · 2021
- Deforte v. Borough of WorthingtonDistrict Court, W.D. Pennsylvania · 2019
183 more not listed; retrieve them via the Exa API.