MOD 660
11-28-2012, 06:16 PM
Negligent or Inadequate Investigation
Two men and two women were convicted of participating in a woman's rape and murder. They were later exonerated when DNA testing revealed that the semen and blood at the scene of the crime was from another man with no connection to any of the four convicted, They sued a number of people involved in the investigation, claiming that reckless investigation had violated their due process rights.
Overturning grants of absolute or qualified immunity to various defendants, the appeals court found that there was sufficient evidence to support the claims that a reckless investigation and the defendants' creation of false evidence had violated their rights. Winslow v. Smith, #11-2903, 2012 U.S. App. Lexis 21358 (8th Cir.).
View at http://www.ca8.uscourts.gov/opndir/12/10/112882P.pdf
Two men and two women were convicted of participating in a woman's rape and murder. They were later exonerated when DNA testing revealed that the semen and blood at the scene of the crime was from another man with no connection to any of the four convicted, They sued a number of people involved in the investigation, claiming that reckless investigation had violated their due process rights.
Overturning grants of absolute or qualified immunity to various defendants, the appeals court found that there was sufficient evidence to support the claims that a reckless investigation and the defendants' creation of false evidence had violated their rights. Winslow v. Smith, #11-2903, 2012 U.S. App. Lexis 21358 (8th Cir.).
View at http://www.ca8.uscourts.gov/opndir/12/10/112882P.pdf