Edward Khalil v. Ernest Wilson

── Edward Khalil v. Ernest Wilson ── Court: Court of Appeals for the Sixth Circuit Date: April 28, 2026 Category: General NOT RECOMMENDED FOR PUBLICATION File Name: 26a0192n.06 No. 25-1542 UNITED STATES COURT OF APPEALS FILED FOR THE SIXTH CIRCUIT Apr 28, 2026 KELLY L. STEPHENS, Clerk ) EDWARD KHALIL, ) Plaintiff-Appellant, ) ON APPEAL FROM THE ) UNITED STATES DISTRICT v. ) COURT FOR THE EASTERN ) DISTRICT OF MICHIGAN ERNEST WILSON, et al., ) Defendants-Appellees. ) OPINION ) Before: KETHLEDGE, WHITE, and LARSEN, Circuit Judges. KETHLEDGE, Circuit Judge. Edward Khalil sued three Detroit police officers, alleging that they fabricated evidence and withheld impeachment material, which later contributed to his conviction for murder. The district court entered summary judgment in the defendants’ favor, and Khalil now appeals. We reject his arguments and affirm. I. One night in September 2011, Anthony Jones and Arthur Richardson broke into a vacant building in Detroit to strip it of copper. A resident of a nearby apartment building told the building’s owners about the break-in, and one of the owners—Edward Khalil—called the police. The police came to the building but declined to search its upper floors for Jones and Richardson (who were still inside). The police left. Khalil says he too left, while an employee—Charles Shavers—stayed behind and searched for the intruders. During Khalil’s drive home, Khalil says, Shavers called to tell him that he had found Jones and Richardson, prompting Khalil to return to the building. When he arrived, Khalil continues, Jones had already been shot and killed. No. 25-1542, Khalil v. Wilson, et al. After several hours, Khalil called the police to report the shooting. The responding officers spoke with Khalil and Shavers; according to the officers, Shavers said he had shot Jones (which Shavers later denied). The police—including officers Karen Miller, Ernest Wilson, and Derryck Thomas—continued to investigate, and obtained statements from two witnesses who, shortly after the shooting, saw someone (whom they would later identify as Khalil) with a gun. One witness heard Khalil say “we got him”; the other, “I killed that motherfucker.” The police arrested both Shavers and Khalil. Two days after the shooting, Miller submitted a “request for warrant” to the prosecutor, which included her summary of the police investigation, along with the underlying witness statements and other evidence. Two days after that, the prosecutor recommended that Khalil be charged with murder. At trial, Shavers testified that it was Khalil who had shot Jones. The jury convicted Khalil of second-degree murder and another charge. In 2020, the Wayne County Prosecutor’s Office moved to vacate Khalil’s conviction based on newly discovered evidence that tended to exonerate him. The court thus vacated Khalil’s conviction. Khalil then brought this section 1983 action against Miller, Wilson, and Thomas. The defendants moved for summary judgment, which the district court granted. This appeal followed. II. Khalil raises three arguments on appeal. First, he argues that a reasonable jury could have found that Miller fabricated evidence that affected his conviction