Srivastava v. Newman

12 F. App'x 369
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 5, 2001
DocketNos. 00-3589, 00-3887
StatusPublished
Cited by19 cases

This text of 12 F. App'x 369 (Srivastava v. Newman) 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
Srivastava v. Newman, 12 F. App'x 369 (7th Cir. 2001).

Opinion

ORDER

In 1999 Carolyn H. Srivastava was charged with violating the Indiana stalking statute. After a trial by jury, she was found not guilty. Srivastava subsequently sued Marion County, Indiana Prosecutor Scott C. Newman under 42 U.S.C. § 1983 for prosecuting her in violation of her constitutional rights. The complaint alleged essentially that Newman prosecuted Sri-vastava based on inadequate investigation and false information that the victim provided in his sworn probable cause affidavit. The district court granted Newman’s motion to dismiss and denied Srivastava leave to amend. Srivastava appeals, and we affirm.

The material factual allegations, which we accept as true for purposes of this appeal, are as follows. In 1999 Srivastava was charged with the crime of stalking, a Class D felony, in Marion Superior Court. The charge was based on a complaint by the alleged victim, Eric Bram, the senior Rabbi of the Indianapolis Hebrew Congregation. After a two-day jury trial, Srivas-tava was found not guilty.

After a jury acquitted her, Srivastava filed this lawsuit claiming that Newman violated her constitutional rights by failing to properly investigate Bram’s complaint and then prosecuting her based on false evidence. Srivastava alleged that Newman relied on false information contained in a probable cause affidavit sworn to and executed by Bram, and then refused to investigate the information in Bram’s affidavit after she had submitted contradictory evidence. Srivastava also alleged that Newman’s staff failed to follow unspecified internal procedures of the Marion County Prosecutor’s Office in prosecuting her. Srivastava sought a declaration that Newman had violated Srivastava’s constitutional rights, and injunctive relief, including expungement of her arrest record, Newman’s resignation, and the establishment of guidelines in the Marion County Prosecutor’s Office ensuring that citizen complaints are processed fairly. Additionally, Srivastava requested an award of compensatory damages, attorney’s fees and expenses.

The district court dismissed Srivastava’s complaint. The court held that the Eleventh Amendment and the doctrine of absolute prosecutorial immunity barred her claim for damages. The district court also held that Srivastava lacked standing to seek injunctive relief; that the complaint presented no case or controversy under Article III of the Constitution because the alleged injuries were confined to a criminal case that had been concluded, and Srivas-tava’s allegations of future prosecution were “speculative and imaginary.” Srivas-[371]*371tava then requested leave to amend. The district court denied the motion on grounds that Srivastava’s proposed amendments were futile.

II.

On appeal Srivastava contends that Newman is not a state official entitled to immunity under the Eleventh Amendment, and that Newman is entitled only to qualified prosecutorial immunity which does not shield his conduct in this case. Additionally, Srivastava contends that she has standing to seek injunctive relief because Newman’s conduct resulted in what she characterizes as a continuing threat of some unspecified prosecution.

We review the grant of a motion to dismiss de novo, accepting the well-pleaded allegations in the amended complaint as true and drawing all reasonable inferences in favor of the plaintiff. See Stachon v. United Consumers Club, Inc., 229 F.3d 673, 675 (7th Cir.2000).

The Eleventh Amendment bars suits brought under § 1983 against state officials acting in their official capacities. Will v. Michigan Dept. of State Police, 491 U.S. 58, 71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989). Whether a particular official such as Newman is the legal equivalent of the State is a question of state law. Garcia v. City of Chicago, 24 F.3d 966, 969 (7th Cir.1994). Although no Indiana state courts have decided the issue, district courts sitting in Indiana have held that, under Indiana law, prosecutors are state officials when prosecuting criminal cases. See Bibbs v. Newman, 997 F.Supp. 1174, 1178 (S.D.Ind.1998); Study v. U.S., 782 F.Supp. 1293, 1297 (S.D.Ind.1991). We agree. The office of prosecutor is a creation of the Indiana Constitution, see Ind. Const, art. 7, § 16, and state statutes govern the prosecutor’s duties and powers. For example, a prosecutor in Indiana is responsible for prosecuting virtually all criminal prosecutions on behalf of the state. Ind.Code. § 33-14-1-4 (1996). More specifically, the state determines the prosecutor’s salary and provides legal representation to a prosecutor sued in a civil action arising out of the prosecutor’s performance of official duties, as well as indemnification against any resulting judgments. Ind.Code. §§ 33-14-7-1, 33-2.1-9-1, 33-14-11-1 (1996). Other circuits have engaged in a similar analysis of state constitutional and statutory provisions when called upon to determine whether prosecutors were subject to suit under § 1983 or were protected by Eleventh Amendment immunity. See, e.g., Coleman v. Kaye, 87 F.3d 1491, 1499-1506 (3d Cir.1996) (analyzing New Jersey’s constitution and statutory provisions); Crane v. State of Texas, 766 F.2d 193, 194-95 (5th Cir.1985) (analyzing Texas constitution and statutes). Because Newman was acting as a state official when he prosecuted Srivastava, the Eleventh Amendment precludes her official capacity suit against Newman.

In any event, prosecutors are absolutely immune, both individually and in their official capacities, from liability under § 1983 for evaluating evidence, initiating a prosecution and presenting the State’s case. See Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976). Srivastava argues, however, that Newman is entitled only to qualified immunity because he functioned as a complaining witness and investigator, not an advocate, in interviewing Bram and preparing the probable cause affidavit. Srivastava is correct that a prosecutor who acts as a complaining witness or engages in purely investigatory conduct unrelated to the role of advocate is entitled only to qualified immunity. Kalina v. Fletcher, 522 U.S. 118, 128-29, 118 S.Ct. 502, 139 L.Ed.2d 471 [372]*372(1997); Buckley v. Fitzsimmons, 509 U.S. 259, 113 S.Ct. 2606, 125 L.Ed.2d 209 (1993). But as Srivastava acknowledges it was Bram and not Newman who executed the probable cause affidavit. In addition, Newman’s interviewing of Bram is the sort of preliminary pre-prosecution activity that directly relates to the advocate’s role and warrants absolute immunity. Imbler, 424 U.S. at 430 n.32, 96 S.Ct. 984 (absolute immunity shields prosecutor’s effort to control presentation of witness testimony by delaying police interrogation of that witness on unrelated matter until after testimony); Anderson,

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12 F. App'x 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/srivastava-v-newman-ca7-2001.