United States Second Circuit

In an action involving the alleged fraudulent alteration of evidence by defendants, then a Special Assistant Attorney General with the Medicaid Fraud Control Unit (MFCU) of the New York State Attorney General's Office and an audit-investigator with the MFCU, the district court's judgment in favor of plaintiff is affirmed over defendants challenges based on qualified immunity, where: 1) the actions of the defendants upon which plaintiff bases his claims were the knowing creation of false or misleading evidence by a government officer acting in an investigative capacity, and such activity by a government official qualifies as an unconstitutional deprivation of the victim's rights, which was clearly established at the time of the defendant's conduct; and 2) the defendants waived their general-verdict rule argument and are therefore not entitled to a new trial despite the district court's conclusion that one of the tree factual bases for the jury's conclusion as to liability was insufficiently substantiated by the evidence at trial.

Appellate Information

• Decided 09/11/2015
• Published 09/11/2015

Judges

• SACK

Court

• United States Second Circuit

Counsel