Due Process Violation

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7^th Circuit Court of Appeals

Case Name: Tyjuan Anderson, et al. v. City of Rockford, et al.

Case No.: 18-2211; 18-2232

Officials: FLAUM, KANNE, and SCUDDER, Circuit Judges.

Focus: Due Process Violation

Nowhere does the Constitution’s promise of due process mean more than in a criminal trial. This promise translates into an obligation when police and prosecutors find themselves in possession of information that exculpates a criminal defendant. That is the cornerstone of the Supreme Court’s 1963 decision in Brady v. Maryland, and this case presents serious and unresolved questions whether certain detectives in Rockford, Illinois, failed to adhere to their Brady obligations when prosecuting three men for the murder of eight-year-old Demarcus Hanson on April 14, 2002. One of those detectives has since admitted—under oath no less—to engaging in serious misconduct during the investigation.

In 2013 an Illinois court found a Brady violation as part of vacating the murder convictions of Tyjuan Anderson, Lumont Johnson, and Anthony Ross after each man served more than a decade in prison. The case entered federal court when Anderson, Johnson, and Ross then brought claims for money damages under 42 U.S.C. § 1983 and state law against the City of Rockford and a score of individual defendants. The district court granted summary judgment on all claims in favor of all defendants. We reverse. While the case entails many complexities, Anderson, Johnson, and Ross have brought forth sufficient evidence to move forward against particular defendants on particular aspects of their alleged due process violations.

Affirmed in part. Reversed and remanded in part.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.