Nathson Fields v. Lawrence Wharrie

740 F.3d 1107, 2014 WL 243245, 2014 U.S. App. LEXIS 1333
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 23, 2014
Docket13-1195
StatusPublished
Cited by147 cases

This text of 740 F.3d 1107 (Nathson Fields v. Lawrence Wharrie) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nathson Fields v. Lawrence Wharrie, 740 F.3d 1107, 2014 WL 243245, 2014 U.S. App. LEXIS 1333 (7th Cir. 2014).

Opinions

POSNER, Circuit Judge.

Before us are appeals by two Illinois prosecutors, Wharrie and Kelley, who claim absolute immunity from being sued by Nathson Fields under 42 U.S.C. § 1983. Appeals from denial of immunity, though interlocutory because the case against them remains pending in the district court, are immediately appealable provided that, as in this case, the claim (in this case claims) of immunity depends on an issue of law rather than one of fact. Mitchell v. Forsyth, 472 U.S. 511, 527-30, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985).

Fields’ suit charges the defendants with depriving him of liberty in violation of the Fourteenth Amendment’s due process clause and committing torts of malicious prosecution, intentional infliction of emotional distress, and conspiracy, in violation of Illinois law. Specifically he accuses the defendants of having coerced witnesses to give testimony that the defendants (as well as the witnesses) knew to be false, resulting in Fields’ conviction of two murders and his imprisonment for 17 years until he was acquitted in a retrial; he later received a certificate of innocence from the court in which he had been tried. 735 ILCS 5/2-702.

This is the defendants’ second round of appeals. Our decision in round one sets forth the factual details relating to Fields’ claims, 672 F.3d 505, 508-09 (7th Cir.2012); we needn’t repeat them. Fields accuses [1110]*1110Wharrie of two separate acts (one in 1985, the other in 1998) of coercing false testimony from witnesses, and Kelley of similar coercion in 1998. We should clarify the terminology used by Fields to describe his claims. He uses “coerced,” “fabricated,” and “false” testimony interchangeably to mean testimony procured by a prosecutor who knows it’s false. The use of the three terms to denote the same conduct is confusing. For they mean three different things. Coerced testimony is testimony that a witness is forced by improper means to give; the testimony may be true or false. Fabricated testimony is testimony that is made up; it is invariably false. False testimony is the equivalent; it is testimony known to be untrue by the witness and by whoever cajoled or coerced the witness to give it. Much testimony is inaccurate, but not deliberately so and therefore not false or fabricated as we are using these words.

Originally the district court had dismissed, on the ground of absolute prosecu-torial immunity, only the federal claim against Wharrie that was based on his alleged misconduct in 1985. Fields did not appeal, but the prosecutors did, challenging the district court’s refusal to dismiss the other claims. Our decision in that first appellate round ordered the dismissal of the remaining federal claims against both defendants on grounds of absolute prose-cutorial immunity. 672 F.3d at 519. The state law claims, also a subject of the prosecutors’ appeal, remained in the case. But we didn’t discuss them, because we expected that with the federal claims dismissed the district judge would relinquish jurisdiction over the state law claims; for they were supplemental claims, which normally are dismissed when the federal claims to which they are supplemental drop out of the case before trial. See 28 U.S.C. § 1367(c)(3); Brazinski v. Amoco Petroleum Additives Co., 6 F.3d 1176, 1182 (7th Cir.1993); Musson Theatrical, Inc. v. Federal Express Corp., 89 F.3d 1244, 1254-55 (6th Cir.1996); Rodriguez v. Doral Mortgage Corp., 57 F.3d 1168, 1177 (1st Cir.1995). Indeed we suggested he do that. 672 F.3d at 518-19.

So the case was still alive in the district court, if barely, when unexpectedly the district judge granted the plaintiffs motion to reconsider the dismissal of one of his federal claims — Wharrie’s alleged fabrication of testimony by a witness during the investigation in 1985 that led to Fields’ indictment and trial — in light of our intervening decision in Whitlock v. Brueggemann, 682 F.3d 567 (7th Cir.2012). The judge also decided to retain supplemental jurisdiction of several of Fields’ state law claims. By thus partially stripping the defendants of absolute prosecutorial immunity, the judge’s rulings precipitated this, the defendants’ second appeal.

The claim that the district judge reinstated against Wharrie is the one concerning Wharrie’s investigation of Fields in 1985. Prosecutors, like judges, enjoy absolute immunity from federal tort liability, whether common law or constitutional, because of “concern that harassment by unfounded litigation would cause a deflection of the prosecutor’s energies from his public duties, and the possibility that he would shade his decisions instead of exercising the independence of judgment required by his public trust.” Imbler v. Pachtman, 424 U.S. 409, 423, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976); see also Gregoire v. Biddle, 177 F.2d 579, 581 (2d Cir.1949) (L.Hand, J.). But the absolute immunity is only for acts they commit within the scope of their employment as prosecutors. Buckley v. Fitzsimmons, 509 U.S. 259, 273-76, 113 S.Ct. 2606, 125 L.Ed.2d 209 (1993); Thomas v. City of Peoria, 580 F.3d 633, 638-39 (7th Cir.2009); Pinaud v. [1111]*1111County of Suffolk, 52 F.3d 1139, 1147 (2d Cir.1995). Often their employment duties go beyond the strictly prosecutorial to include investigation, and when they do non-prosecutorial work they lose their absolute immunity and have only the immunity, called “qualified,” that other investigators enjoy when engaged in such work. Buckley v. Fitzsimmons, supra, 509 U.S. at 275-76, 113 S.Ct. 2606. Qualified immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ Pearson v. Callahan, 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)).” Messerschmidt v. Millender, — U.S. -, 132 S.Ct. 1235, 1244, 182 L.Ed.2d 47 (2012).

Fields was not arrested until June 1985. Wharrie’s alleged procurement of false statements from a prospective witness in Fields’ forthcoming trial had taken place a month earlier. The trial (the first of Fields’ two trials) took place a year later. Wharrie was one of the prosecutors at that trial.

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Bluebook (online)
740 F.3d 1107, 2014 WL 243245, 2014 U.S. App. LEXIS 1333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nathson-fields-v-lawrence-wharrie-ca7-2014.