Annappareddy v. Pascale, No. 19-2285 (4th Cir. 2021)
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Plaintiff, the owner of a chain of pharmacies in Maryland and nearby states, was the subject of a Medicaid fraud prosecution. After the district court dismissed the charges against plaintiff, he filed suit seeking compensatory and punitive damages from multiple defendants. At issue on appeal are two of the district court's preliminary rulings.
The Fourth Circuit affirmed the district court's dismissal of the federal constitutional claims, concluding that these claims would extend the Bivens remedy into a new context, and that special factors counsel against an extension to cover intertwined allegations of wrongdoing by prosecutors and criminal investigators in plaintiff's prosecution. However, the court reversed the district court's determination that the state-law claims can move forward against Prosecutor Pascale. Rather, the court found that absolute prosecutorial immunity bars the claims against her. Accordingly, the court affirmed in part and reversed in part, remanding for further proceedings.
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