The Sixth Appellate District reversed a judgment and remanded the action for further proceedings. The court held that a federal civil rights plaintiff’s substantive due process allegations, which stemmed from the government’s introduction of a falsified “ruse” forensic lab report and associated police officer testimony in a preliminary hearing, were not negated by the fact that the plaintiff was incarcerated only for a brief period after arrest and was not convicted after the fabrication was brought to light and the charges dismissed. The court held further that material fact issues precluded summary disposition of the plaintiff’s due process claims based on the use of false evidence by the government in the hearing.
San Jose police officer Matthew Christian investigated a report that a developmentally-disabled woman, “Jane Doe,” had been raped by a neighbor. Jane indicated that the assault took place on a particular blanket. A crime lab report revealed only Jane’s blood on the blanket’s fabric.
