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United States Ninth Circuit


Tatum v. Moody, 10-55692

Plaintiff alleged that police detective failed to disclosure compelling exculpatory evidence to the prosecutor while plaintiff was incarcerated pretrial, and did so with deliberate indifference to or reckless regard for the truth or plaintiff's rights. Judgment in favor of plaintiff is affirmed, where: 1) plaintiff's claim was covered by the Fourteenth Amendment guarantee of due process, which protects a plaintiff from prolonged detention when the police withhold information that is strongly indicative of innocence; and 2) the jury instructions described a cognizable constitutional claim.

Appellate Information

  • Decided 09/17/2014
  • Published 09/17/2014

Judges

  • Berzon

Court

  • United States Ninth Circuit

Counsel

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