Fabrication of evidence by law enforcement officers takes many forms. It may be filing a false police report or charging instrument, giving perjured testimony, coercing or encouraging others to give false testimony or falsifying forensic evidence. Police fabrication of evidence gives rise to a steady stream of §1983 fabrication of evidence claims. These claims frequently give rise to important, difficult legal issues.
The U.S. Court of Appeals for the Second Circuit’s recent decision in Barnes v. City of New York, 68 F. 4th 123 (2d Cir. 2023) illustrates some of the complications that can arise.
A bevy of false claims flooded social media after Wednesday’s fatal shooting of conservative activist Charlie Kirk. Kirk, 31, was gunned down while speaking at an event in Orem, Utah. Two days la...