Jackson v. City of Cleveland, No. 22-3253 (6th Cir. 2023)
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In 1991, Jackson was wrongfully convicted of murder. In 2016, the Innocence Project requested from the Cleveland Police documents relating to the investigation, pursuant to the Ohio Public Records Act. Receiving no response, Innocence Project sent a request to the Cuyahoga County Prosecutor’s Office. Assistant Prosecuting Attorney Marburger produced a heavily redacted file. The Act exempts “investigatory work product” and “[t]rial preparation record[s]” from production as public records. Months later, the Ohio Supreme Court held that the investigatory-work-product exception did not extend beyond the conclusion of a trial. Cleveland then produced the unredacted file, which included significant exculpatory evidence. The Cuyahoga County Prosecutor’s Office also produced an unredacted file. A state-court judge vacated Jackson’s conviction. In 2019, he was finally exonerated. Jackson filed suit under 42 U.S.C. 1983. Against Marburger, Jackson alleged denial of access to courts.
The Sixth Circuit held that Marburger is not entitled to absolute immunity. Responding to a records request after the conclusion of a trial and appeal is not an action that is an inherent part of a prosecutor’s adversarial function. The court reversed the denial of qualified immunity. Jackson plausibly stated a claim that Marburger violated his right of access to the courts when she removed exculpatory information from the file and effectively prevented him from filing for postconviction relief but in 2016 it was not clearly established that redacting exculpatory information from a response to a public-records request effectively covered-up evidence.
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