AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability
of Law Enforcement Agencies & Personnel


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Perjury

      Estranged lover whose affair with female police officer married to state trooper ended "acrimoniously" could not seek damages against trooper in his official capacity, as this claim was barred by Eleventh Amendment immunity. Plea for injunction to prevent trooper from "perjurious" testimony in future court proceedings was "too speculative" to support granting relief. Stack v. City of Hartford, 170 F. Supp. 2d 288 (D. Conn. 2001). [N/R]
     320:125 Federal appeals court upholds criminal perjury conviction of plaintiff in federal civil rights lawsuit for lying under oath; "swearing to tell the truth is a solemn oath, the breach of which should have serious consequences, especially where the perjurer tells his lie in an attempt to obtain money damages." United States v. Cornielle, #98-1254, 171 F.3d 748 (2nd Cir. 1999).
     Witness immunity does not protect officers on alleged extra judicial conspiracy to present perjured testimony. Taylor v. Hansen, 731 F.Supp. 72 (N.D.NY 1990).
     Arrestee could not file civil rights lawsuit alleging low settlement in earlier false arrest suit was induced by arresting officer's perjury and withholding of information of past misconduct by department Bates v. NYC Transit Authority, 721 F.Supp. 1577 (E.D.N.Y. 1989).
     Alleged perjury by detectives at depositions, discovered subsequent to voluntary dismissal of civil rights lawsuit, does not meet legal requirement to set aside dismissal Gleason v. Jandrucko, 860 F.2d 556 (2d Cir. 1988).
     Over $2 million in damages awarded for officers' procuring of false testimony in murder trial Venegas v. Wagner, 831 F.2d 1514 (9th Cir. 1987).

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