Wednesday, August 08, 2012
Ind. Decisions - 7th Circuit decides one Indiana case today
In Michael J. Alexander v. Mark McKinney (SD Ind., Young), a 10-page opinion, Judge Kanne writes:
Michael Alexander alleges that a local prosecutor, Mark McKinney, conspired with a number of agents from the Federal Bureau of Investigation to manufacture false evidence and bring trumpedup charges of conspiracy to commit bribery against him. A jury acquitted Alexander of the charges, and he then brought suit against McKinney for violating his due process rights. The district court dismissed the claim, finding McKinney entitled to qualified immunity because the complaint did not identify a deprivation of a cognizable constitutional right. Because Alexander’s complaint is merely an attempt to recast an untimely false arrest claim into a due process claim, an approach we have plainly rejected, we affirm.
Posted by Marcia Oddi on August 8, 2012 02:55 PM
Posted to Ind. (7th Cir.) Decisions