AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Perjury
Estranged lover whose affair with female
police officer married to state trooper ended "acrimoniously"
could not seek damages against trooper in his official capacity, as this
claim was barred by Eleventh Amendment immunity. Plea for injunction to
prevent trooper from "perjurious" testimony in future court proceedings
was "too speculative" to support granting relief. Stack v. City
of Hartford, 170 F. Supp. 2d 288 (D. Conn. 2001). [N/R]
320:125 Federal appeals court upholds criminal
perjury conviction of plaintiff in federal civil rights lawsuit for lying
under oath; "swearing to tell the truth is a solemn oath, the breach
of which should have serious consequences, especially where the perjurer
tells his lie in an attempt to obtain money damages." United States
v. Cornielle, #98-1254, 171 F.3d 748 (2nd Cir. 1999).
Witness immunity does not protect officers
on alleged extra judicial conspiracy to present perjured testimony. Taylor
v. Hansen, 731 F.Supp. 72 (N.D.NY 1990).
Arrestee could not file civil rights lawsuit
alleging low settlement in earlier false arrest suit was induced by arresting
officer's perjury and withholding of information of past misconduct by
department Bates v. NYC Transit Authority, 721 F.Supp. 1577 (E.D.N.Y. 1989).
Alleged perjury by detectives at depositions,
discovered subsequent to voluntary dismissal of civil rights lawsuit, does
not meet legal requirement to set aside dismissal Gleason v. Jandrucko,
860 F.2d 556 (2d Cir. 1988).
Over $2 million in damages awarded for officers'
procuring of false testimony in murder trial Venegas v. Wagner, 831 F.2d
1514 (9th Cir. 1987).