What is going on in the Ninth Circuit Court of Appeals? On March 30, 2009, in McSherry v. City of Long Beach, 560 F.3d 1125 (9th Cir. 2009) (here) (media coverage here), a unanimous three-judge panel held that a lawsuit alleging a fabrication of evidence claim against the Long Beach Police Department could go forward. The original McSherry opinion was 12 pages.
Today, in a 38-page opinion, the same panel withdrew the earlier - published opinion - issuing a superseding opinion. In today's opinion, the panel dismissed the wrongfully convicted man's lawsuit.
There is substantial commentary about McSherry at Section 1983 Blog. Click here for coverage.