Savory v. Andrews
Brief Details
- Case No.: 24-2947
- Brief Filed: September 04, 2026
- Jurisdiction: 7th Circuit Court of Appeals
Key Topics in the Brief
Briefs
Prior Decision
Decision below Savory v. Andrews, No. 24-2947, 2026 WL 2364361 (7th Cir. Aug. 14, 2026)
Argument(s)
The panel erred in holding that fabricated information in police reports does not violate a criminal defendant’s due process rights unless the reports themselves are admitted at trial. Police reports shape nearly every aspect of criminal trial preparation and, although generally inadmissible, significantly influence the testimony of police officers and other witnesses. Fabricated reports can therefore undermine the fairness of criminal proceedings even when the reports themselves never enter evidence, including by shaping witness testimony and making favorable defense evidence effectively unavailable. The panel’s rule also undermines due process by incentivizing officers who fabricate evidence in police reports to repeat the fabrication under oath at trial, effectively insulating the pretrial fabrication from liability. The court should grant rehearing and rehearing en banc.
Author(s)
Elizabeth N. Mazur, Hughes Socol Piers Resnick & Dym, Ltd., Chicago, IL; Jonathan M. Brayman, Breen & Pugh, Chicago, IL; Sarah O. Schrup, Vice Chair, Amicus Curiae Committee, National Association of Criminal Defense Lawyers, Washington, DC
