United States Seventh Circuit

In a suit under 42 U.S.C. section 1983 brought by two former prison guards alleging retaliation for their defense of prisoners' rights, denial of defendants' motion for summary judgment on grounds of qualified immunity is affirmed where: 1) a public official may appeal from an order conclusively denying a summary judgment motion based on qualified immunity, whether or not the official has appealed from a denial of a motion to dismiss the complaint, and whether or not the motion for summary judgment rests on new legal or factual arguments; but 2) it was clearly established long before the events of which plaintiffs complain that state actors may not assault witnesses in federal litigation.

Appellate Information

• Argued 11/07/2006
• Decided 03/19/2007
• Published 03/19/2007

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and POSNER and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Paul A. Castiglione, Office of the Cook County States Attorney, Chicago, IL, for Amicus Curiae, Richard A. Devine, Michael A. Scodro, Office of the Attorney General, Chicago, IL, for Amicus Curiae, State of Illinois, Benna R. Solomon, Office of the Corporation Counsel, Appeals Division, Chicago, IL, for Amicus Curiae, City of Chicago


• For Appellees:
  
• Matthew J. Piers, Hughes Socol Piers Resnick & Dym, Chicago, IL, for Plaintiffs-Appellees., Daniel Patrick Duffy, Peterson, Johnson & Murray, Chicago, IL, for Defendants-Appellants.