6th Amendment Violation – Confrontation Clause

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7^th Circuit Court of Appeals

Case Name: Stephen Linder v. United States of America

Case No.: 15-1501

Officials: EASTERBROOK, SYKES, and BRENNAN, Circuit Judges.

Focus: 6^th Amendment Violation – Confrontation Clause

While tracking down a fugitive, Deputy Marshal Stephen Linder interrogated the fugitive’s father. Another deputy marshal later stated that he had seen Linder punch the father in the face. After an investigation by the Marshals Service and the Inspector General of the Department of Justice, Linder was indicted for federal felonies (witness tampering and using excessive force in violation of the father’s civil rights). The Service put Linder on leave, and Darryl McPherson, the U.S. Marshal for the Northern District of Illinois, instructed other deputies not to communicate with Linder or his lawyers without approval. Frustrated by this barrier to getting information from potential witnesses, Linder’s lawyers asked the district court to dismiss the indictment as a sanction. That was done, see 2013 U.S. Dist. LEXIS 29641 (N.D. Ill. Mar. 5, 2013), the United States did not appeal, and Linder returned to work. He remains employed as a deputy marshal.

Linder’s suit accuses the United States of two torts: malicious prosecution and intentional infliction of emotional distress. His principal argument is that the discretionary function exemption of §2680(a) does not apply to suits for malicious prosecution. Linder asserts, no one has discretion to violate the Constitution—and, when dismissing the indictment, the district court stated that the no-contact-without-approval order violated the Confrontation Clause of the Sixth Amendment. Congress might have chosen to provide financial relief to all persons who are charged with crime but never convicted. The Federal Tort Claims Act does not do this, however, and Linder has not claimed that he is entitled to relief under 28 U.S.C. §§ 2513 and 1495, which apply to persons able to prove their innocence.

Affirmed

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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.