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.
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