Galloway v. County of Nassau

141 F.4th 417 (2025) Court of Appeals for the Second Circuit 2025-06-26

civil; exonerated prisoner sues five detectives for denial of due-process right to a fair trial (and malicious prosecution); defendants' interlocutory appeal from denial of summary judgment on qualified immunity; county's appeal dismissed, otherwise affirmed; partial dissent (result: claimant-won)

Facts

  1. 14 Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan) not law
    Ross’s then-fiancée, Lori Magliaro, submitted an affidavit 31 attesting that Ross had since admitted that he had “contrived a lineup 32 where [Galloway] wore a baseball cap to conceal the difference in 33 hair” and “made adjustments” “to make [him] look taller”
  2. 14 Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan) not law
    By 2008, it was clearly established 18 that police officers violate the due process right to a fair trial if they 19 rig witness identifications, coerce a witness to sign a fabricated 20 inculpatory statement, or ensure that the state withholds evidence of 21 the same from the defense.
  3. 14 Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan) not law
    we find no error of law in the district court’s determination 32 that a rational jury could find all five individual defendants liable for 33 violating Galloway’s clearly established right to a fair trial.
  4. 14 Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan) not law
    It was clearly established by 2008 22 that police officers violate Brady when they withhold exculpatory 23 evidence from prosecutors.
  5. 14 Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan) not law
    we need not decide whether they violated clearly 30 established law; Lipson’s qualified immunity defense fails in any 31 event because he misled prosecutors.
  6. 14 Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan) not law
    Qualified immunity does not shield Ross and Dluginski.
  7. 14 Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan) not law
    It 22 was clearly established that police could not use identification 23 procedures that are unduly suggestive as to a particular investigation, 24 even if those same procedures would be textbook in another.
  8. 14 Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan) not law
    “[t]he salient question is whether the state of the law gave the 15 defendant fair warning that his alleged treatment of the plaintiff was 16 unconstitutional.”
  9. 14 Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan) not law
    Ross and Dluginski had such warning: every reasonable 18 officer would have understood that their lineup was unduly likely to 19 result in a misidentification