Lewis v. Millsl, No. 11-2012 (7th Cir. 2012)
Annotate this CaseA former part-time police officer for a town of just over 400 people filed a complaint under 28 U.S.C. 1983 and 1988 against defendants who allegedly conspired to prosecute him for sexual offenses involving dancers at a strip club in retaliation for his cooperation with an FBI investigation. The defendants, characterized by the court as "a truly unique web of characters," were the first assistant state’s attorney, a deputy sheriff/investigator, the former owner of the now-defunct strip club, and plaintiff's brother, an occasional patron of the strip club. The district court dismissed for lack of evidence. The Seventh Circuit affirmed. The prosecutor "was far from a saint," but the evidence did not show that he deviated from his prosecutorial role, so he was entitled to absolute prosecutorial immunity. Noting that plaintiff pled guilty to the sex offense charges, the court found no evidence of conspiracy.
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