Shirley Johnson v. New Destiny Christian Center Church, Inc., et al.
DueProcess Copyright
whether-due-process-clause-permits-judgment-to-stand-when-court-altered-evidence
QUESTIONS PRESENTED After a two-day Bench Trial in a malicious prosecution action, the District Court altered video evidence, and ignored other “smoking gun” evidence. After altering the evidence, the District Court misrepresented . that Petitioner submitted the altered evidence which was insufficient to prove malice, and therefore denied : punitive damages, but awarded de minimis compensatory damages. The Eleventh Circuit Court of Appeals affirmed the decision. Question 1: Whether the Due Process Clause of the Fourteenth Amendment permits a judgment to stand when the Court altered and misrepresented the one piece of evidence that it used to determine that malice was nonexistent; and ignored other “smoking . gun” evidence which proved malice and lack of probable cause? Question 2: Whether filing a fabricated Complaint constitutes malice. Question 3: Whether advice of counsel defense is valid when Defendants admitted under oath that they knew the allegations in their Complaint were false? ii PARTIES The caption of the case contains all