United States Court of Appeals For the Seventh Circuit
Civil Rights — Bivens actions — Brady violations
A Bivens action is available as a remedy for a Brady violation.
“A Bivens cause of action is available for violations of Brady. Although the Supreme Court has cautioned against extending Bivens to new contexts, this case meets the Court’s requirements for doing so and is materially indistinguishable from Bivens itself. And Engel’s complaint contains enough factual specificity to state a plausible claim for violation of his due-process rights under Brady. Because the Brady obligation was well established at the time of the events at issue here (Buchan does not argue otherwise), qualified immunity does not apply.”
Appeal from the United States District Court for the Northern District of Illinois, Shadur, J., Sykes, J.