Atkins v. Gilbert

Federal 7th Circuit Court
Civil Court
Prisoners
Citation
Case Number: 
No. 21-3077
Decision Date: 
October 28, 2022
Federal District: 
S.D. Ill.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing with prejudice plaintiff-prisoner’s Bivens claims against defendants-federal judges, prosecutor, defendant’s court-appointed counsel and court reporter, alleging that said defendants mishandled his 2014 federal drug crimes trial. Judges and prosecutor were absolutely immune from instant lawsuit, and defendant’s claim against court-reporter for producing transcript with errors did not arise under either Fourth, Fifth or Eighth Amendment for purposes of bringing Bivens claim. Also, plaintiff’s lawsuit against his court-appointed counsel fell outside contours of Bivens action, where said counsel did not act under color of law.