Compassionate Release-Immunity

By: WISCONSIN LAW JOURNAL STAFF//November 7, 2022

7^th Circuit Court of Appeals

Case Name: Ahamad Atkins v. J. Gilbert

Case No.: 21-3077

Officials: Sykes, Chief Judge, and Wood and Brennan, Circuit Judges.

Focus: Compassionate Release-Immunity

Ahamad Atkins, a federal inmate, sued federal judges, the prosecutor, his court-appointed attorneys, a federal court reporter, and the United States for, in his view, mishandling his criminal trial. At screening, the district judge correctly dismissed the claims against all defendants as frivolous.

All the acts that Atkins attributes to the judges (erroneous rulings and an alleged failure to decide a compassionate release motion) and prosecutor (communication and disregard of the same motion) occurred in the criminal case and fell within their roles as judge or prosecutor. Thus, they are

absolutely immune from suit.

Affirmed.

Decided 10/28/22

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