Lee Evans v. Newark City, et al.

Newark, New Jersey, personal injury lawyer represented the Plaintiff on a civil rights violation theory.



In 1978, five teenage boys from Newark, New Jersey

disappeared. The case remained unsolved for 30 years. Then,

in 2008 police charged Appellee Lee Evans with their murders.

The case against Evans relied on the allegedly coerced

confession of one man, who was coached by Appellants to

implicate Evans. A jury acquitted Evans of all charges, and he

later brought claims for malicious prosecution. Detectives Lou

Carrega and William Tietjen (collectively "Appellants”) now

argue that they are entitled to qualified immunity.



But the doctrine of qualified immunity does not shield

a malicious prosecution claim where evidence is allegedly

manufactured. It is always unconstitutional for the police to

coerce confessions and manufacture evidence to prosecute a

criminal suspect. We will therefore affirm the District Court's

order denying summary judgment to Appellants.

Motion for summary judgment denied.



Affirmed