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CASE ENTRY

Dean v. Phatak

Allegation: Houston medical examiner, egged on by police, creates misleading autopsy report; husband is charged with murder of wife, who in fact committed suicide. The examiner’s findings don’t stand up to scrutiny; charges are dropped mid-trial. Can the man sue the medical examiner? District court: Indeed. No qualified immunity. Fifth Circuit (over a dissent): Vacated. The district court didn’t sufficiently explain its reasoning.


Tags: 2018, Fifth Circuit, Police, Qualified Immunity

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