reckless investigation

Eighth Circuit

Dean v. Searcey, 893 F.3d 504, 519 (8th Cir. 2018), cert. denied, 139 S. Ct. 1291 (2019) (“The prohibition on using official power to frame individuals is deeply embedded in the historical roots of due process.”).

White v. Smith, 696 F.3d 740, 759 (8th Cir. 2012) (stating that “the right to be free from a reckless investigation was . . . clearly established during the 1989 investigation in this case,” and that “the right to be free from a conviction purposefully obtained by false evidence and false testimony has long been clearly established”).

Winslow v. Smith, 696 F.3d 716, 738-39 (8th Cir. 2012) (“Defendants do not dispute that the right to be free from the use of false evidence to secure a conviction was clearly established in 1989, nor could they.  . . .  Pursuant to Wilson, then, a due process right against a reckless investigation was clearly established in 1986.”).