Hill v. Murphy, No. 13-2709 (7th Cir. 2015)
Annotate this CaseHill pleaded guilty to attempted extortion and to making a false statement to federal investigators concerning his extortion of bribes from liquor licensees. The Seventh Circuit affirmed his sentence in 2011. Hill filed a civil suit, claiming that FBI and IRS agents forced their way into his house with drawn weapons, searched the house, seized and kept his lawfully owned handgun, and twirled a loaded gun making Hill “so scared” that he was “in tears.” While being questioned he felt disoriented, was crying from pain in his head, and blacked out, but the agents did not call for medical assistance. He later learned that he had suffered a stroke. The district court dismissed, citing a Supreme Court holding that a person who has been convicted of a crime cannot seek damages or other relief under federal law (a suit under 42 U.S.C. 1983 or “Bivens”) for violation of his rights by officers who participated in the investigation or prosecution of the criminal charge, if “a judgment in favor of the plaintiff [in the civil suit] would necessarily imply the invalidity of his conviction or sentence.” The Seventh Circuit reversed in part, finding that only his claim that his false statement to the officers was coerced is barred.
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