United States Eighth Circuit

In a 42 U.S.C. section 1983 action alleging that defendants' acts caused plaintiff to be wrongfully convicted for murder and placed on death row for 14 years, denial of qualified immunity for defendant-investigator is reversed where: 1) the undisputed facts established that the investigator's actions were not intentional or reckless, but were at most negligent; 2) plaintiff failed to show defendant consciously sought to suppress exculpatory evidence; and 3) there were no allegations of unlawful coercion to suppress evidence or refrain investigation.

Appellate Information

• Decided 02/12/2007
• Published 02/12/2007

Judges

• SMITH, Circuit Judge., Before RILEY, HANSEN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Matthew Barton Briesacher, argued, Attorney General's Office, Jefferson City, MO, for appellant.


• For Appellees:
  
• Erick J. Roeder, argued, Kansas City, MO, (Kamran Q. Khan, on the brief), for appellee.