YARRIS v. COUNTY OF DELAWARE

No. 05-1319.

465 F.3d 129 (2006)

Nicholas YARRIS v. COUNTY OF DELAWARE; Barry Gross, Esquire; William H. Ryan, Jr.; Dennis McAndrews, Esquire; Office of District Attorney of Delaware County; Criminal Investigation Division, Randolph Martin, Criminal Investigation Division, Office of the District Attorney Delaware County; David Pfeifer, Criminal Investigation Division, Office of the District Attorney Delaware County; Clifton Minshall, Criminal Investigation Division, Office of the District Attorney Delaware County; Craig Siti, Investigator, Criminal Investigation Division, Office of the District Attorney Delaware County, Appellants.

United States Court of Appeals, Third Circuit.

Filed October 2, 2006.


Attorney(s) appearing for the Case

John W. Beavers, Esq., (Argued), John Wendell Beavers & Associates, Philadelphia, PA, Counsel for Appellee.

William F. Holsten, II, Esq., Robert P. DiDomenicis, Esq. Paola T. Kaczynski, Holsten & Associates, Media, PA, William J. Convoy, Esq., C. Scott Toomey, Esq., (Argued), Campbell Campbell Edwards & Convoy, Wayne, PA, Counsel for Appellants.

Before FUENTES, STAPLETON, and ALARCÓN, Circuit Judges.


FUENTES, Circuit Judge.

Nicholas Yarris claims he spent twenty-two years on death row for a kidnaping, rape, and murder he did not commit because Delaware County, its prosecutors, and its detectives obscured and destroyed evidence pointing to the actual killer, manufactured evidence against him, and thwarted his demands for DNA testing. After Yarris's conviction was overturned and the charges against him were dropped, he filed this action under 42 U.S.C. § 1983...

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