The widespread practices described in the preceding paragraphs were allowed to flourish because the municipal defendants declined to implement sufficient training and/or enforce legitimate oversight and punishment. Count II 42 U.S.C. § 1983 Fourth Amendment – – Fabrication of False Evidence Paragraphs 1-158 and 191-208 of this Complaint are incorporated as if restated fully herein. In the manner described more fully above, Defendant Fyffe and the Defendant Officers, individually, jointly and in conspiracy with each other, fabricated evidence, including without limitation, false police reports, fabricated statements attributed to witnesses, and fabricated testimony offered at grand jury and other pretrial proceedings. Defendant Fyffe and the Defendant Officers knowingly fabricated this evidence and a reasonable likelihood exists that the false evidence affected the decision of the grand jurors and courts that considered this false evidence when determining whether probable cause existed. Defendant Fyffe and the Defendant Officers were acting under color of law and within their scope of employment when they took these actions. Defendant Fyffe and the Defendant Officers misconduct directly resulted in the unjust continued incarceration of Mr. Miller, thereby denying him from his constitutional right to due process as guaranteed by the U.S. Constitution. Absent this misconduct, there would have been no probable cause for Plaintiff’s continued detention, and the prosecution of Plaintiff could not and would not have been pursued.
The widespread practices described in the preceding paragraphs were allowed to flourish because the municipal defendants declined to implement sufficient training and/or enforce legitimate oversight and punishment. Count II – 42 U.S.C. § 1983 – Fourth Amendment Fabrication of False Evidence Paragraphs 1-158 and 191-208 of this Complaint are incorporated as if restated fully herein. In the manner described more fully above, Defendant Fyffe and the Defendant Officers, individually, jointly and in conspiracy with each other, fabricated evidence, including without limitation, false police reports, fabricated statements attributed to witnesses, and fabricated testimony offered at grand jury and other pretrial proceedings. Defendant Fyffe and the Defendant Officers knowingly fabricated this evidence and a reasonable likelihood exists that the false evidence affected the decision of the grand jurors and courts that considered this false evidence when determining whether probable cause existed. Defendant Fyffe and the Defendant Officers were acting under color of law and within their scope of employment when they took these actions. Defendant Fyffe and the Defendant Officers misconduct directly resulted in the unjust continued incarceration of Mr. Miller, thereby denying him from his constitutional right to due process as guaranteed by the U.S. Constitution. Absent this misconduct, there would have been no probable cause for Plaintiff’s continued detention, and the prosecution of Plaintiff could not and would not have been pursued.
Nickie-Miller-Federal-Lawsuit.docx