What is the test for determining whether a prosecutor in a civil case knew or should have known that testimony or evidence was false?
MultiRegion, United States of America
The following excerpt is from Dunigan v. Hickman, No. 2:11-cv-0961 MCE EFB P (E.D. Cal. 2013):
false; (2) the prosecutor knew or should have known that the testimony or evidence was actually false; and (3) the false testimony or evidence was material. Hein v. Sullivan, 601 F.3d 897, 908 (9th Cir. 2010).
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