United States Seventh Circuit

In a 42 U.S.C. section 1983 suit against police officers for concealing exculpatory evidence, denial of summary judgment for defendants is affirmed where the Brady line of cases has clearly established a defendant's right to be informed about exculpatory evidence throughout the proceedings, including appeals and authorized post-conviction procedures, when that exculpatory evidence was known to the state at the time of the original trial. The denial is reversed where defendants were entitled to qualified immunity on the plaintiff's claim that he was denied proper access to the courts.

Appellate Information

• Argued 12/05/2006
• Decided 07/18/2007
• Published 07/18/2007

Judges

• WOOD, Circuit Judge., Before FLAUM, WOOD, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• G. Flint Taylor (argued), People's Law Office, Chicago, IL, for Plaintiff-Appellee., Iain D. Johnston (argued), Holland & Knight, Chicago, IL, Karen L. McNaught, Office of the Attorney General, Springfield, IL, for Defendants-Appellants.