Dist. Ct. did not err in granting defendants-FBI agent and Assistant U.S. Attorney’s (AUSA) motion for summary judgment in plaintiffs’ Bivens action, alleging that defendants violated their 4th Amendment rights by submitting false and misleading affidavit in support of search warrant that led to seizures of plaintiffs’ properties and assets that ultimately resulted in no criminal charges being filed against plaintiffs. While plaintiffs asserted that AUSA knowingly and recklessly assisted defendant-FBI agent in preparing and filing false affidavit, Ct. of Appeals found that said AUSA was entitled to absolute immunity from instant lawsuit, where plaintiffs failed to allege that AUSA acted outside his prosecutorial role in helping to prepare search warrant application after others had gathered relevant evidence and in presenting application to judge. Also, defendant-FBI agent was entitled to qualified immunity where, even if plaintiffs’ allegation that agent withheld certain facts from judge were true, remainder of affidavit still stated facts sufficient to establish probable cause, or at very least, allowed reasonable agent in defendant’s position to believe that said facts amounted to probable cause. Moreover, alleged omitted facts would not have negated finding of probable cause for instant search.
Federal 7th Circuit Court
Civil Court
Immunity