Greenpoint Tactical Income Fund LLC v. Pettigrew, No. 21-1411 (7th Cir. 2022)
Annotate this Case
Greenpoint Tactical Income Fund and its affiliates and managers were the subjects of an FBI investigation into suspected fraud, particularly with respect to Greenpoint’s asset valuation practices. The investigation led to the issuance of a search warrant for plaintiffs’ properties and the seizure of some assets. Plaintiffs filed suit against Agent Pettigrew and Assistant United States Attorney Halverson, alleging violations of their Fourth Amendment rights by submitting a false and misleading affidavit in support of the search warrant. They sought damages. The district court dismissed the suit, concluding that plaintiffs were seeking to extend “Bivens” to a “new context” and that “special factors” counseled hesitation in doing so.
The Seventh Circuit affirmed the dismissal on different grounds. Even assuming that Bivens can reach the Fourth Amendment violations alleged here, Halverson is entitled to absolute prosecutorial immunity and Agent Pettigrew is entitled to qualified immunity. There is no allegation that Halverson was interviewing witnesses himself, was actively involved in the investigation as it was unfolding, or personally vouched for the truth of the allegations in Pettigrew’s affidavit. A reasonable agent in Pettigrew’s position could believe the allegations amounted to probable cause.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.