Martin A. Schwartz When Do Police Fabrication of Evidence Claims Accrue?
Sections 1983 fabrication of evidence claims have generated some sticky statute of limitations accrual issues. In this edition of his Section 1983 Litigation column, Martin A. Schwartz explores case law addressing this issue. He writes: "The lesson is clear: Determining the governing accrual date requires close attention to the nature and constitutional basis of the plaintiff's constitutional claim.
November 01, 2021 at 12:00 PM
9 minute read
Section 1983 plaintiffs frequently assert constitutional claims based upon police fabrication of evidence. Some plaintiffs allege that the fabricated evidence was used to obtain an indictment or was introduced at the criminal trial in violation of the due process right to a fair trial. Other plaintiffs allege that the fabricated evidence resulted in being confined in pretrial detention.
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