Bourke v. Conger, No. 09-3859 (7th Cir. 2011)Annotate this Case
After his state conviction for murder was overturned, the plaintiff brought federal claims against state officials and prosecutors and malpractice claims against his own lawyers. He stipulated to dismissal of claims against officials; the district court entered summary judgment, rejecting the malpractice claims. The Seventh Circuit affirmed, holding that the plaintiff failed to establish proximate cause, as a matter of law. A report by plaintiff's expert did not establish that the attorneys' performance during voir dire caused the guilty verdict.