United States Ninth Circuit

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Spence v. Peters, 14-35689

In a 42 U.S.C. section 1983 action in which plaintiff alleged that a Clark County detective deliberately fabricated evidence against him and continued her criminal investigation despite knowing that plaintiff was innocent, the district court's judgment as a matter of law in favor of defendant is reversed and remanded with instructions to reinstate a jury verdict in favor of plaintiff where: 1) because plaintiff introduced direct evidence of fabrication, he did not have to prove that defendant knew or should have known he was innocent; and 2) regarding the cross-appeal by defendant, the district court did not err in its jury instructions.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/18

Judges

  • GRABER

Court

  • United States Ninth Circuit

Counsel


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