What is the legal test for a deliberate fabrication of evidence claim under the Fourteenth Amendment?
The following excerpt is from Gantt v. City of L.A., D.C. No. 2:08-cv-05979-ODW-CW, D.C. No. 2:09-cv-08565-ODW-CW, No. 11-55000, No. 11-55002 (9th Cir. 2013):
The district court erred in instructing the jury about the level of culpability required for a deliberate fabrication of evidence claim under the Fourteenth Amendment. In Devereaux v. Abbey, 263 F.3d 1070 (9th Cir. 2001) (en banc), we held that "there is a clearly established constitutional due process right not to be subjected to criminal charges on the basis of false evidence that was deliberately fabricated by the government." Id. at 1074-75. We stated that in order to establish deliberate fabrication of evidence, a plaintiff
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