Morgan v. Chapman, No. 18-40491 (5th Cir. 2020)
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In a prior criminal action, the state court agreed with the plaintiff in this case that Defendant Chapman, a Medical Board investigator, used illegally-obtained files to fabricate evidence and to indict plaintiff on trumped-up charges of running a pill mill. Here, plaintiff filed a civil suit under 42 U.S.C. 1983 against Chapman and another government agent for violating his constitutional rights by using instanter subpoenas to illegally search his clinic, resulting in the illegal seizure of property and patient records.
The Fifth Circuit reversed the district court's judgment and held that Chapman was not entitled to absolute immunity as an investigator and, because Chapman fulfilled the fact-finding role generally filled by law enforcement, she is only entitled to the level of immunity available to law enforcement -- qualified immunity. The court also held that malicious prosecution and abuse of process are not viable theories of constitutional injury. The court agreed with defendants that malicious prosecution and abuse of process are torts, not constitutional violations. However, the court remanded for the district court to decide whether plaintiff has waived his Fourth Amendment claims and whether he should be allowed to amend his complaint a third time to add a due process claim.
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