United States Seventh Circuit

In a suit under 42 U.S.C. section 1983 and state tort law alleging false imprisonment, malicious prosecution, and conspiracy against multiple public and private persons and entities after plaintiff was acquitted of arson charges subsequent to the release of previously undisclosed information, dismissal of the complaint is reversed and remanded where: 1) the complaint sufficiently alleged a Brady violation; 2) the statute of limitations for plaintiff's claim based on the Brady violation began upon her release from prison, thus the complaint was timely; 3) the conspiracy allegations against private individuals were sufficient to subject them to a section 1983 action; 4) claims against corporate entities were aimed directly at the corporations, and were not based solely on vicarious liability; 5) an assistant state attorney did not have absolute immunity from suit; and 6) plaintiff's state-law claims were not time-barred.

Appellate Information

• Argued 12/03/2007
• Decided 02/12/2008
• Published 02/12/2008

Judges

• EVANS, Circuit Judge., Before BAUER, EVANS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Michael W. Fleming (argued), Elmhurst, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Russell W. Hartigan, Patrick H. O'Connor (argued), Hartigan & Cuisinier, Robert L. Martier, John M. Broderick, Pugh, Jones, Johnson & Quandt, Chicago, IL, Nancy J. Wolfe, Thomas J. Stanfa, Office of the State's Attorney of Dupage County, Wheaton, IL, for Defendants-Appellees.