Maurice Caldwell v. City & County of San Francisco
889 F.3d 1105
9th Cir.2018Background
- Maurice Caldwell was convicted in 1991 for the 1990 shotgun murder of Judy Acosta based largely on witness Mary Cobbs’ identification; Caldwell served ~20 years and was released on state habeas in 2010 based on ineffective assistance of counsel and new evidence issues.
- During a July 13, 1990 canvass, SFPD Sgt. Kitt Crenshaw encountered Caldwell; Caldwell alleges Crenshaw escorted him to witness Mary Cobbs’ door (a purported police-arranged “show-up”) to prompt identification and later fabricated notes attributing inculpatory statements to Caldwell.
- Inspectors Arthur Gerrans and James Crowley conducted a July 26, 1990 photo lineup with Cobbs; Caldwell alleges they used coercive techniques (telling Cobbs a suspect was present, reinforcing identification, offering protection/benefits) that produced a false ID.
- Prosecutor Alfred Giannini authorized charges on September 20, 1990; he later reviewed the file and testified he considered, during the preliminary hearing, whether Cobbs had seen Caldwell during the canvass but decided any inconsistency was a minor factor.
- District court granted summary judgment to all defendants: it found triable fabrication issues as to Crenshaw but held prosecutorial independence broke causation; it granted summary judgment for Gerrans and Crowley for lack of coercive-conduct rising to fabrication.
- Ninth Circuit: reversed as to Crenshaw (finding Caldwell rebutted presumption of prosecutorial independence and raised triable issues on fabrication and causation); affirmed as to Gerrans and Crowley; remanded Monell claims to district court.
Issues and Key Cases Cited
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Crenshaw deliberately fabricated evidence (manufactured show-up; falsified notes) | Crenshaw had motive (prior threats and OCC complaint) and direct/corroborating evidence that he brought Caldwell to Cobbs’ door and fabricated statements in his notes. | Defendants deny Caldwell was at the door with Crenshaw and characterize inconsistencies as careless errors, not fabrication. | Triable issues exist as to both the show-up and falsified notes; summary judgment reversed as to Crenshaw. |
| Whether fabricated evidence caused the prosecution (causation / prosecutorial independence) | Prosecutor relied on file materials (Cobbs ID and Crenshaw’s notes) before charging; presenting false evidence to prosecutor rebuts presumption of independence. | Prosecutorial charging decision is presumptively independent and breaks causation; Smiddy presumption immunizes officers. | Court assumes presumption applies but finds Caldwell rebutted it (false evidence in file and prosecutor considered inconsistency later), creating triable causation issues. |
| Whether Gerrans and Crowley used coercive investigative techniques amounting to fabrication | Their conduct during the July 26 lineup (non‑videotaped segment, reinforced ID, promises of protection/benefits) coerced Cobbs and produced a false ID. | The techniques were not so coercive: no direct evidence of coaching, reinforcement was limited, promises were not conditioned on ID, and later Secret Witness benefit is not tied to them. | No triable issue that their techniques were coercive enough to be deliberate fabrication; summary judgment affirmed for Gerrans and Crowley. |
| Municipal (Monell) claims against SFPD/City and County | (Plaintiff) Municipal liability pressed below based on policies/practices enabling fabrication. | (Defendants) District court did not rule; arguments presumed below. | Ninth Circuit remanded Monell claims to the district court for adjudication. |
Key Cases Cited
- Spencer v. Peters, 857 F.3d 789 (9th Cir. 2017) (deliberate fabrication of evidence violates due process; causation elements explained)
- Costanich v. Department of Soc. & Health Servs., 627 F.3d 1101 (9th Cir. 2010) (direct evidence of fabrication can survive summary judgment)
- Devereaux v. Abbey, 263 F.3d 1070 (9th Cir. 2001) (circumstantial proof of fabrication via continuing investigation or coercive techniques)
- Smiddy v. Varney, 665 F.2d 261 (9th Cir. 1981) (presumption that prosecutor exercised independent judgment when filing charges)
- McSherry v. City of Long Beach, 584 F.3d 1129 (9th Cir. 2009) (fabrication claim and analysis whether prosecutor’s decision was tainted)
- Blankenhorn v. City of Orange, 485 F.3d 463 (9th Cir. 2007) (discussing rebuttal of prosecutorial independence where officers presented false evidence)
- Gausvik v. Perez, 345 F.3d 813 (9th Cir. 2003) (errors in affidavit insufficient to show deliberate fabrication if they are mere carelessness)
- Beck v. City of Upland, 527 F.3d 853 (9th Cir. 2008) (intervening acts can break causation in § 1983 claims)
- Perry v. New Hampshire, 565 U.S. 228 (2012) (due process analysis of suggestive identifications where law enforcement did not arrange suggestive circumstances)