United States Fifth Circuit

In an action claiming that defendant-officer violated plaintiff's rights under the Fourth and Fourteenth Amendments when he manipulated a photographic lineup in an effort to procure a false identification from the victim in a rape case, defendant's appeal from the district court's denial of qualified immunity is dismissed where the district court correctly determined that the genuine issues of fact regarding defendant's conduct were material to the denial of qualified immunity.

Appellate Information

• Decided 03/24/2010
• Published 03/24/2010

Judges

• HAYNES, Circuit Judge:, Before STEWART, DENNIS, and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel