George Hernandez v. Tyler Kennedy

MEMORANDUM

In his brief, Hernandez argued claims under Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), search and seizure, intentional infliction of emotional distress, and substantive due process, but as Hernandez conceded at oral argument, he was limited by precedent to his substantive due process argument. Though the police officer, Tyler Kennedy, omitted material information suggesting weaknesses in the case against Hernandez and the policeman’s improper motivation (his affair with the alleged victim) when he argued for increased bail to keep Hernandez in jail, all charges against Hernandez were dropped by the district attorney. There was, as Hernandez concedes, probable cause for his arrest, his undisputed violation of a restraining order. It does not vitiate the probable cause that his on and off girlfriend encouraged the violation.

The substantive due process argument is that the policeman relentlessly pursued him and threw him in jail, despite knowing that he was probably innocent, because the policeman wanted to have sex with Hernandez’s former girlfriend and the mother of his three children. The policeman did indeed begin an affair with…