Mosley v. The City of Chicago

Dist. Ct. erred in granting defendants-police officials' motion for summary judgment in section 1983/malicious prosecution action alleging that certain investigating officers withheld evidence of exculpatory statement by witness in plaintiff's murder trial that ultimately resulted in his acquittal. Dist. Ct. could properly find that any failure to disclose statement, indicating that plaintiff was at murder scene, but that witness did not know or see plaintiff participating in murder, did not rise to level of Brady violation since there was no evidence that witness told defendants that plaintiff did not actually participate in murder. Moreover, witness' statement would not have altered prosecutor's decision to take case to trial where defendant was tried on accountability theory, which did not require evidence that defendant participated in beating that caused victim's death.