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Dismissal of Wrongfully Convicted Prisoner’s Fabricated Evidence Claims Upheld on Appeal
Loaded on April 9, 2015
by David Reutter
published in Prison Legal News
April, 2015, page 48
Filed under:
Wrongful Conviction.
Location:
North Carolina.
Dismissal of Wrongfully Convicted Prisoner’s Fabricated Evidence Claims Upheld on Appeal
by David Reutter
The Fourth Circuit Court of Appeals has affirmed a grant of judgment on the pleadings to two officers from North Carolina’s Charlotte-Mecklenburg Police Department in a civil rights case that alleged they had …
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More from this issue:
- $1.56 Million Settlement for Texas Jail Death Due to Drug Withdrawal, by Matthew Clarke
- Pharmacist Associations Take Stand Against Death Penalty, by Greg Dober
- Crime Labs Still in Crisis, by Matthew Clarke
- The Spread of Electronic Monitoring: No Quick Fix for Mass Incarceration, by James Kilgore
- News in Brief
- Maine Jail Raises Pigs to Feed Prisoners, Expands Organic Farm
- Third Circuit: Lack of Training for Jail Guards Bars Summary Judgment; $150,000 Settlement, by Mark Wilson
- Nebraska Supreme Court Upholds One-Hour Law Library Access, by Mark Wilson
- New York: Companies Settle Claims for Discriminating against Ex-Felons, by Gary Hunter
- California Supreme Court Restricts Life Without Parole Sentences for Juveniles
- Deferred Sentence Completion Automatically Restores Civil Rights in New Mexico, by Mark Wilson
- Seventh Circuit Reinstates Prisoner’s Eighth Amendment Suit; $26,875 Settlement on Remand, by Lonnie Burton
- Dismissal of Challenge to Texas City’s Sex Offender Restrictions Reversed, by Matthew Clarke
- Oregon Courts Must Give Notice before Amending Judgment, by Mark Wilson
- Civilly Committed Sex Offenders Increasingly Released in Wisconsin, by Matthew Clarke
- Lawsuit Over Suicide of Oregon Prisoner Settles for $100,000, by Mark Wilson
- Reading Death Row Prisoner’s Legal Mail States Sixth Amendment Claim, by David Reutter
- Third Circuit: No Supervisory Qualified Immunity for Prisoner Suicide, by Mark Wilson
- $345,000 Settlement in Michigan Detainee’s Suicide, by David Reutter
- Book Review: Abolishing the Broken U.S. Juvenile Justice System, by Hannah K. Gold
- San Antonio, Texas Leads the State in Jail Suicides, by Matthew Clarke
- Dismissal of Wrongfully Convicted Prisoner’s Fabricated Evidence Claims Upheld on Appeal, by David Reutter
- New York Settles Wrongful Conviction Claim for $2.7 Million, by Michael Brodheim
- Tasering Detainee as Corporal Inducement Violates Eighth Amendment, by David Reutter
- Video Shows Tulsa Jail Prisoner Subjected to “Horrific” Treatment Prior to Death
- Fifth Circuit Dismisses Female Immigration Detainees’ Sexual Assault Claims, by Matthew Clarke
- Overdose, Taser and Restraint Chair Combine to Kill Washington Prisoner
- $12,500 Settlement for Pennsylvania Prisoner Denied Medication, by David Reutter
- Report Highlights Health Concerns Related to Coal Ash Dump at Pennsylvania Prison, by David Reutter
- Locked Down, Locked Out: Why Prison Doesn’t Work and How We Can Do Better, by Maya Schenwar, by Gary Hunter
- Doctor of Death: Former Jail Physician Leaves Trail of Prisoner Deaths, Injuries, by Matthew Clarke
- Oregon Prison Guard Union Sues Mentally Ill Prisoners
- Second Circuit: Requiring Pretrial Detainees to Perform Forced Labor Unconstitutional; $15,000 Settlement on Remand, by Matthew Clarke
- Washington Enacts Wrongful Conviction Compensation Law; County Reneges on $10.5 Million Settlement with Exonerated Prisoners
- Second Circuit Affirms Muslim Prisoner’s Right Not to Drink Water during Ramadan, by Lonnie Burton
- New York Appellate Court Reverses Dismissal of Rikers Island Wrongful Death Suit, by David Reutter
- Unauthorized Oregon “Offense Surcharges” Reversed, by Mark Wilson
- Oregon: State Must Prove Defendant’s Ability to Pay Attorney Fees, by Mark Wilson
- Sixteen Maryland Prison Guards Sentenced for Severely Beating Prisoner
- Forty Defendants, Including 24 Guards, Convicted in Widespread Corruption Scandal at Baltimore City Jail, by Christopher Zoukis
- Maryland Cannot Compel Retroactive Sex Offender Registration
- Unexhausted Oregon Parole Claims Not Cognizable, by Mark Wilson
- Philadelphia Traffic Court Abolished; Seven Judges Convicted
- California Prisoner’s Conviction for Smuggling Tobacco Overturned, by Lonnie Burton
- Tenth Circuit Misses Chance to Limit Long-Term Solitary Confinement, by Derek Gilna
- Tennessee County Not Required to Pay for Medical Costs after Prisoner’s Release, by David Reutter
- From the Editor, by Paul Wright
- Lost and Improperly Destroyed Evidence Thwarts Post-Conviction DNA Testing, by Matthew Clarke
More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Conviction Tossed for Former Alabama Prisoner Paroled After 42 Years, July 1, 2026. Sex Offender Registration, Wrongful Conviction, Forensic Sciences, Eyewitness Identification, Brady Rule violations.
- Your DNA Was at the Scene, But You Weren’t: How Touch DNA Is Convicting the Innocent, June 1, 2026. DNA Testing/Samples, junk science, Wrongful Conviction, DNA Evidence, Evidence - Admissibility, Claim of Innocence.
- Jury Awards Over $24.4 Million to Kentucky Prisoner Exonerated After 22 Years, Bringing Total Payout for Him and Co-Defendant to Almost $45 Million, June 1, 2026. Police Misconduct, Wrongful Conviction, Monell Liability, Fabrication of Evidence, Failure to Disclose.
- Sixth Circuit Upholds $10 Million Wrongful Conviction Verdict for Exonerated Michigan Prisoner, June 1, 2026. Wrongful Conviction, 42 U.S. Code § 1983, civil action for deprivation of rights, Immunity - Absolute and Qualified, Damages - Compensatory, Failure to Disclose.
- Murder Convictions Tossed for Three Pennsylvania Prisoners After 28 Years, June 1, 2026. Wrongful Conviction, witness misidentification, Forensic Sciences, Evidence - Integrity/Reliability of, Expert and Opinion Testimony.
- New York Prisoner, Paroled After 25 Years, Exonerated of Crime, June 1, 2026. Wrongful Conviction, Wrongful Imprisonment, Evidence - Failure to Disclose, Prosecutorial Threats, Brady/Giglio/Jencks Act Issues.
- Exonerated Texas Prisoner Entitled to $1.68 Million After 22 Years of Wrongful Incarceration, May 1, 2026. Wrongful Conviction, Wrongful Imprisonment, Actual Innocence/Claim of Innocence, Failure to Consult/Investigate/Raise, Expert and Opinion Testimony.
- Exonerated Former Prisoner Wins Election for Chief Record Keeper in New Orleans, Jan. 1, 2026. Prisoner Legal Assistance, Juries, Public Records, Wrongful Conviction, Wrongful Imprisonment.
- Chicago Pays Exonerated Prisoners $7.5 Million, Bringing Total to $33.75 Million for Wrongful Convictions, Jan. 1, 2026. Wrongful Conviction, Bribery/Extortion/Theft, Fabrication of Evidence, Withholding of Exculpatory Evidence, Withdrawal.
- SCOTUS Overturns Oklahoma Prisoner’s Death Sentence After More than 25 Years on Death Row, Nov. 1, 2025. Ex Post Facto, Good Time, Wrongful Conviction, Habeas Corpus, Wrongful Imprisonment, Pardons/Clemency, First Step Act, Civil Asset Forfeiture Reform Act (CAFRA), Specific Offenses, Controlled Substances, Weapons, Accuracy of Information, Depraved Indifference Murder, Evidence - Circumstantial, Theft, Failure to Disclose, Perjury/Perjured Testimony, Evidence - Failure to Disclose, New Trial - Motions for, Pleas Linked to Cooperation, Evidence - Destruction/Fabrication/Manipulation of, Selective Prosecution/Enforcement, Improper Comments, Official Report, Withholding of Exculpatory Evidence, Exculpatory Evidence - Disclosure Obligations.

