Fourth Circuit -- David Evans v. Patrick Baker

(10 page caption.  Duke Lacrosse case.)

In a S1983 action, the claim of a police/prosecutor conspiracy does not make the police liable for actions taken after the prosecutor's independent decision to seek an indictment.  This decision breaks the causal chain and eliminates proximate cause, giving the police qualified immunity.

Police reliance on nurse' report doesn't DQ the warrant under Franks.

Disinclusion of potentially exculpatory evidence doesn't trigger Franks - no duty to disclose all.

Police defts' omissions in affidavits weren't enough to trigger Franks, so they get QI.

Absent individual claims, no Monell liability.

Governmental endorsement in liability insurance policy means that the purchase of the policy did not forfeit sovereign immunity.

State malicious prosecution tort claim partially prevails.

There is no common law obstruction of justice tort available against a police officer during the course of an investigation.

Court declines to exercise pendant jurisdiction over state constitutional claims - and as the claims are at the stage of motion to dismiss, they're nonfinal for purposes of appeal.

Concurrence: Yep.

Concurrence/Dissent: Would have dismissed state common law claims as well.

David Evans v. Patrick Baker