United States Tenth Circuit
Wilkins v. DeReyes, 06-2245, 06-2260
In a 42 U.S.C. section 1983 case arising from plaintiffs' arrests and prosecutions after they became suspects in a 1996 investigation of a quadruple murder, denial of qualified immunity to police officers on a malicious prosecution claim is affirmed where factual questions existed regarding whether officers fabricated evidence and then relied on it in arresting plaintiffs, as well as causing their prosecutions.
Appellate Information
- Decided 06/13/2008
- Published 06/16/2008
Judges
- TYMKOVICH, Circuit Judge., Before TACHA, McKAY, and TYMKOVICH, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellees:
- Sheldon Nahmod, Professor of Law, Chicago, Illinois (assisted on the briefs by Stephen G. French and Robert W. Becker, French & Associates, P.C., Albuquerque, NM, for Appellants Jacoby and Fenner in 06-2245, and Emily A. Franke and W. Ann Maggiore, Butt, Thornton & Baehr, P.C., Albuquerque, NM, for Appellant DeReyes in 06-2260), for Defendants-Appellants., Ray Twohig, Albuquerque, NM, for Plaintiffs-Appellees.