Is there a constitutional right under the Fourteenth Amendment to be free from judicial deception and fabrication of evidence in child custody cases?

MultiRegion, United States of America

The following excerpt is from Meyer v. Cnty. of San Diego, 21-cv-00341-GPC (S.D. Cal. 2021):

The Ninth Circuit recognizes a constitutional right under the Due Process Clause of the Fourteenth Amendment to be free from judicial deception and fabrication of evidence in the context of civil child custody cases. Benavidez v. County of San Diego,

993 F.3d at 1146 (citing Costanich v. Dep't of Soc. And Health Servs., 627 F.3d 1101, 1108 (9th Cir. 2010)). To successfully allege a violation of the constitutional right to be free from judicial deception, [plaintiffs] must make out a claim that includes (1) a misrepresentation or omission (2) made deliberately or with a reckless disregard for the truth, that was (3) material to the judicial decision. Id. at 1147.

Other Questions


Does a court's admission in evidence over objection of certain objects seized from his home after he had been taken to and detained at the police station constitute a violation of his Fourteenth Amendment rights? (MultiRegion, United States of America)
What is the effect of a "futile amendment" to the meaning of a constitutional amendment to the constitution in the context of constitutional issues? (MultiRegion, United States of America)
Does a police officer have a constitutional right under the first or fourteenth amendment to date someone against his department's orders? (MultiRegion, United States of America)
Is there a valid Fourth Amendment, Fourteenth and Fourteenth Amendment claim? (MultiRegion, United States of America)
Does a prisoner have a First Amendment right to speak out in a civil rights case? (MultiRegion, United States of America)
What is the legal test for a deliberate fabrication of evidence claim under the Fourteenth Amendment? (MultiRegion, United States of America)
Does the right to a speedy trial in a civil case apply to the other rights secured by the sixth amendment? (MultiRegion, United States of America)
What is the difference between evidence obtained as a result of a violation of the Fifth Amendment and that reliable evidence obtained under the Fourth Amendment? (MultiRegion, United States of America)
In a civil case brought by a plaintiff, who alleges that the county failed to properly train for the purpose of enforcing her civil rights, is a county liable for the violation of her constitutional rights? (MultiRegion, United States of America)
Does a conviction under California Penal Code 273a(a) constitute a conviction for "a crime of child abuse, child neglect or child abandonment"? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.