Civil Rights: Unlawful Arrest-Malicious Prosecution-Qualified Immunity

Defendants appealed the denial of their motion for summary judgment asserting qualified immunity. Donald Nash became a suspect in his girlfriend’s strangulation homicide. Although the case went cold for 25 years, police conducted a forensic exam of DNA samples from the victim’s fingernails, which concluded the sample belonged to Nash. Defendants charged Nash with the victim’s murder, based on a theory that his DNA sample could not have remained on the victim’s fingernails after she washed her hair. Nash was eventually convicted, although his conviction was overturned 11 years later when DNA testing of the shoelace used to strangle the victim exonerated Nash. Nash filed a §1983 action alleging unlawful arrest and fabrication of evidence. The district court denied defendants’ request for qualified immunity.

Although the falsity of the hair washing theory was a question properly reserved for trial, defendants violated Nash’s clearly established rights by failing to include exculpatory information from the original investigation that would preclude a finding of probable cause.

Judgment is affirmed in part and reversed and remanded in part.

Estate of Nash v. Folsom (MLW No. 81097/Case No. 22-2860 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, Eastern District of Missouri, Hamilton, J. (Jeff P. Johnson, former AAG, of Clayton, MO for appellant; Michael E. Talent, former AAG, of St. Louis, MO on the brief) (Jonathan Barton Potts, of St. Louis, MO for appellee; Stephen R. Snodgrass, of St. Louis, MO for appellee)