Penate v. Kaczmarek, No. 18-2261 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed the judgment of the magistrate judge rejecting Anne Kaczmarek's motion to dismiss this 42 U.S.C. 1983 action on grounds of absolute immunity, holding that Kaczmarek, a former Massachusetts Assistant Attorney General, was not entitled to absolute government attorney immunity.
Plaintiff filed this action against seventeen defendants after the dismissal of his Massachusetts criminal conviction for drug distribution. Plaintiff alleged that Kaczmarek unlawfully withheld exculpatory evidence from Plaintiff's counsel, from the district attorney, and from the state court. The magistrate judge rejected Kaczmarek's motion to dismiss on grounds of absolute immunity. The First Circuit affirmed, holding that Kaczmarek did not enjoy absolute prosecutorial immunity from Plaintiff's suit on any of her theories.