Free Newsletter
Civil Rights — Bivens actions — Brady violations
By: WISCONSIN LAW JOURNAL STAFF//March 5, 2013//
Listen to this articleUnited States Court of Appeals For the Seventh Circuit
Civil
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.”
Affirmed.
Appeal from the United States District Court for the Northern District of Illinois, Shadur, J., Sykes, J.
Polls
Loading ...Legal News
- State Bar leaders remain deeply divided over special purpose trust
- Former Wisconsin college chancellor fired over porn career is fighting to keep his faculty post
- Pecker says he pledged to be Trump campaign’s ‘eyes and ears’ during 2016 race
- A conservative quest to limit diversity programs gains momentum in states
- Wisconsin prison inmate pleads not guilty to killing cellmate
- Waukesha man sentenced to 30 years for Sex Trafficking
- 12-year-old shot in Milwaukee Wednesday with ‘serious injuries’
- Milwaukee man convicted of laundering proceeds of business email compromise fraud schemes
- Giuliani, Meadows among 18 indicted in Arizona fake electors case
- Some State Bar diversity participants walk away from program
- Wisconsin court issues arrest warrant ‘in error’ for Minocqua Brewing owner
- Iranian nationals charged cyber campaign targeting U.S. Companies
WLJ People
- Power 30 Personal Injury Attorneys – Russell Nicolet
- Power 30 Personal Injury Attorneys – Benjamin Nicolet
- Power 30 Personal Injury Attorneys – Dustin T. Woehl
- Power 30 Personal Injury Attorneys – Katherine Metzger
- Power 30 Personal Injury Attorneys – Joseph Ryan
- Power 30 Personal Injury Attorneys – James M. Ryan
- Power 30 Personal Injury Attorneys – Dana Wachs
- Power 30 Personal Injury Attorneys – Mark L. Thomsen
- Power 30 Personal Injury Attorneys – Matthew Lein
- Power 30 Personal Injury Attorneys – Jeffrey A. Pitman
- Power 30 Personal Injury Attorneys – William Pemberton
- Power 30 Personal Injury Attorneys – Howard S. Sicula
