What is the test for alleging that an undercover officer fabricates information?
MultiRegion, United States of America
The following excerpt is from Ekukpe v. Santiago, No. 19-769-cv, No. 19-770-cv (2nd Cir. 2020):
To prevail on a claim for the denial of the right to a fair trial, a plaintiff must prove that an "(1) investigating official (2) fabricates information (3) that is likely to influence a jury's verdict, (4) forwards that information to prosecutors, and (5) the plaintiff suffers a deprivation of life, liberty, or property as a result." Garnett v. Undercover Officer C0039, 838 F.3d 265, 279 (2d Cir. 2016).
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