MAURICE CALDWELL, Plaintiff-Appellant, v. CITY AND COUNTY OF SAN FRANCISCO; SAN FRANCISCO POLICE DEPARTMENT; KITT CRENSHAW; ARTHUR GERRANS; JAMES CROWLEY, Defendants-Appellees., 889 F.3d 1105

Summary

HOLDINGS: [1]-In a § 1983 action alleging that police department officials fabricated evidence against plaintiff during a murder investigation against him, the district court erred in granting summary judgment in favor of the police sergeant because plaintiff established that the sergeant had a motive to retaliate against him and he raised a genuine issue as to whether the sergeant arranged the show up, deliberately fabricated the statement and memorialized it in falsified notes; [2]-Plaintiff rebutted any presumption of prosecutorial independence and established a triable issue as to whether the allegedly fabricated identification and falsified statements caused him harm; [3]-The district court properly granted summary judgment in favor of the police inspectors because their conduct during a photo line-up was not so coercive that it rose to the level of fabricated evidence.