Sanders-El v. Rohde

Dist. Ct. did not err in dismissing plaintiff’s section 1983 action alleging that defendants-police officers violated his due process rights by fabricating evidence in order to obtain burglary charges to which plaintiff was eventually acquitted. Due process is not implicated where, as here, defendant was released on bond shortly after his arrest and was eventually acquitted of all criminal charges at trial. Moreover, plaintiff could not assert viable Brady violation arising out of defendants’ alleged failure to reveal their alleged misconduct to prosecutors, where defendants were under no constitutional obligation to create truthful exculpatory evidence for plaintiff.