United States Ninth Circuit

In a 42 U.S.C. section 1983 action in which plaintiff alleged that a Clark County detective deliberately fabricated evidence against him and continued her criminal investigation despite knowing that plaintiff was innocent, the district court's judgment as a matter of law in favor of defendant is reversed and remanded with instructions to reinstate a jury verdict in favor of plaintiff where: 1) because plaintiff introduced direct evidence of fabrication, he did not have to prove that defendant knew or should have known he was innocent; and 2) regarding the cross-appeal by defendant, the district court did not err in its jury instructions.

Appellate Information

• Published 2017/05/18

Judges

• GRABER

Court

• United States Ninth Circuit

Counsel