Engel v. Buchan

Federal 7th Circuit Court
Civil Court
Qualified Immunity
Case Number: 
No. 11-1734
Decision Date: 
March 5, 2013
Federal District: 
N.D. Ill., E. Div.
Dist. Ct. did not err in denying defendant-former FBI agent’s motion to dismiss on grounds of qualified immunity plaintiff’s Bivens action alleging that defendant framed him in obtaining defendant’s kidnapping conviction (that was ultimately overturned) by fabricating evidence, manipulating witnesses, and then suppressing evidence in violation of Brady. Bivens cause of action is available for Brady violation where there is no alternative compensatory remedy, and plaintiff’s complaint contained sufficient facts to state plausible claim for violation of plaintiff’s due process rights under Brady.