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Good v. Curtis

Appellee alleges that appellant violated appellee's rights under the Fourth and Fourteenth Amendments when he manipulated a photographic lineup in an effort to procure a false identification from the victim in a rape case. Knowing efforts to secure a false identification by fabricating evidence or otherwise unlawfully influencing witnesses constitutes a violation of the due process rights secured by the Fourteenth Amendment. Moreover, any reasonable official would know that framing an individual for a crime they did not commit by securing such identification represents a constitutional violation. Accordingly, appellant's interlocutory appeal regarding the trial court's denial of his motion for summary judgment on the basis of qualified immunity must be dismissed. 5th U.S. Circuit Court of Appeals, No. 09-10341, 03-23-2010

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Before STEWART, DENNIS, and HAYNES, Circuit Judges.

Appellant’s Motion for Panel Rehearing is DENIED. This opinion is substituted in place of the prior opinion, Good v. Curtis, __ F.3d __, 2010 WL 550520 (5th Cir. Feb. 18, 2010).

Appellee Donald Wayne Good brought suit under 42 U.S.C. § 1983 against Appellant Fred Curtis, alleging that Curtis violated Good’s rights under the Fourth and Fourteenth Amendments when he manipulated a photographic lineup in an effort to procure a false identification from the victim in a rape case. Curtis takes this interlocutory appeal from the district court’s denial of his motion for summary judgment on the basis of qualified immunity. The only issue before us today is whether Curtis is entitled to qualified immunity with regard to the alleged violations of Good’s Fourth and Fourteenth Amendment rights. On this limited appeal, we conclude that the district court correctly determined that the genuine issues of fact regarding Curtis’s conduct were material to the denial of qualified immunity and, therefore, DISMISS the appeal.

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