Stinson v. Johnson, No. 13-3347 (7th Cir. 2017)Annotate this Case
Stinson spent 23 years in jail for a murder he did not commit. No eyewitness testimony or fingerprints connected him to the murder. Two dentists testified as experts that Stinson’s dentition matched the teeth marks on the victim’s body. A jury found Stinson guilty. After DNA evidence helped exonerate Stinson, he filed this civil suit against the lead detective and the dentists alleging that they violated due process by fabricating the expert opinions and failing to disclose their agreement to fabricate. The district court denied the defendants’ motions for summary judgment seeking qualified immunity. The Seventh Circuit dismissed appeals for lack of jurisdiction. The court distinguished between appeals from denials of summary judgment qualified immunity based on evidentiary sufficiency and those “presenting more abstract issues of law.” The appeals failed to take the facts and reasonable inferences from the record in the light most favorable to Stinson and challenge the sufficiency of the evidence on questions of fact, precluding interlocutory review. The court concluded that it had jurisdiction to consider and affirmed the denial of absolute immunity. That denial was correct because Stinson’s claims focus on the defendants’ conduct while the murder was being investigated, not on their trial testimony or trial testimony preparation.
This opinion or order relates to an opinion or order originally issued on August 25, 2015.