United States Ninth Circuit

In a 42 U.S.C. section 1983 action alleging that police officer and agency defendants deliberately fabricated evidence that led to plaintiff's conviction and sentence for burglary and rape, later vacated based on newly-available DNA evidence, the district court's summary judgment for defendants is reversed where defendant's claim accrued when he was no longer subject to criminal charges, not from the vacatur of his conviction.

Appellate Information

• Decided 09/25/2015
• Published 09/25/2015

Judges

• HAWKINS

Court

• United States Ninth Circuit

Counsel