NSB wins expansive ruling from Third Circuit recognizing new cause of action

The United States Court of Appeals for the Third Circuit ruled today that Byron Halsey’s wrongful conviction case must proceed to trial, recognizing for the first time in that Circuit that fabrication of evidence by a police officer violates the Due Process Clause and is actionable under 42 U.S.C. § 1983. With this decision, the 3d Circuit joins the 2d, 4th, 6th and 10th Circuits in specifically recognizing that officers may be held liable under § 1983 for fabricating a confession or for falsely reporting that a suspect had nonpublic information only the true perpetrator could know.

Read the Third Circuit’s decision here.