[DOWNLOAD] "Wilson V. Russo" by Third Circuit U.S. Court Of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Wilson V. Russo
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 19, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Franklin Wilson was arrested and spent a month in jail for an armed robbery he did not commit. As plaintiff in this civil rights lawsuit arising under 42 U.S.C. S 1983, he claims that his arrest and subsequent incarceration violated his federal and state constitutional rights to be free from arrest and detention without probable cause. The crux of his claim is that the arresting officer, defendant Darrin J. Russo, both lied and omitted material facts during his application for Wilson's arrest warrant. Russo told the judge that two victims, who each had ample opportunity to view the robber, had stated that the assailant was between 6'3" and 6'5". Russo did not, however, tell him that Wilson's driving abstract showed him to be 5'11". Nor did Russo tell the judge that one of these eyewitnesses did not identify Wilson when shown a photographic array. What he did tell him was that the other victim positively identified Wilson, and that someone else had seen Wilson in the vicinity near the time of the robbery. Wilson urges us to decide that Russo omitted the exculpatory facts with "reckless disregard for the truth" and that the warrant affidavit would not have established probable cause if the officer had been more forthcoming.