Sorry, should have included it: 20-5269 Patrick Stockdale v. Kim Helper<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDMsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMDEwMzAuMjk2NzgxMTEiLCJ1cmwiOiJodHRwczovL3d3dy5vcG4uY2E2LnVzY291cnRzLmdvdi9vcGluaW9ucy5wZGYvMjBhMDM0OXAtMDYucGRmIn0.z4E8oZU5Dk27YP4rPq_cas_c6Ro4OsAE4buQWjcpi-Q/s/670355187/br/87673267047-l> Published Opinion Number: 20a0349p.06<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDQsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMDEwMzAuMjk2NzgxMTEiLCJ1cmwiOiJodHRwczovL3d3dy5vcG4uY2E2LnVzY291cnRzLmdvdi9vcGluaW9ucy5wZGYvMjBhMDM0OXAtMDYucGRmIn0.61xRGa3nHHU3NEQZgprRbPgxRJCCGOxmVmazUDsixzo/s/670355187/br/87673267047-l> Case Number: 20-5269 Pub Date: 10/30/2020 Short Title: Patrick Stockdale v. Kim Helper District: Middle District of Tennessee at Nashville Panel: EES, JSS, JLL From: Michael J. O'Shea, ESQ. <michael@moshea.com> Sent: Friday, October 30, 2020 2:12 PM To: Chuck Thompson <cthompson@imla.org>; federal@lists.imla.org; omaa@lists.imla.org Subject: RE: 6th Circuit Absolute and Qualified Immunity of Prosecutor - dealing with Brady vs Maryland issues Do you have a copy of the case? Sláinte Michael J. O'Shea, Assistant Law Director/Prosecutor Rocky River Law Department Andrew Bemer, Law Director 21012 Hilliard Blvd. Rocky River, Ohio 44116 (440) 895-3374- phone (216) 470-8098 - cell (440) 895-3381 - fax michael@moshea.com<mailto:michael@moshea.com> *********************************************************** This message is intended for use only by the those to whom it is addressed and contains information that is privileged and confidential. If you have received this communication in error, please notify us immediately by telephone or return e-mail. If you are not an intended recipient, you are notified that any dissemination, distribution or copying of this communication is prohibited. *********************************************************** From: OMAA <omaa-bounces@lists.imla.org<mailto:omaa-bounces@lists.imla.org>> On Behalf Of Chuck Thompson Sent: Friday, October 30, 2020 1:25 PM To: federal@lists.imla.org<mailto:federal@lists.imla.org>; omaa@lists.imla.org<mailto:omaa@lists.imla.org> Subject: [Omaa] 6th Circuit Absolute and Qualified Immunity of Prosecutor - dealing with Brady vs Maryland issues In an interesting case involving what might be viewed as an internecine dispute between a local prosecutor and city management regarding who should be police chief, the 6th Circuit today affirmed denial of absolute immunity to a prosecutor, but granted her qualified immunity in a suit by two police officers who alleged the prosecutor retaliated against them for exercising their First Amendment rights. The prosecutor wrote the city manager advising that she believed these officers would not be effective due to past misconduct. Despite their loss of federal causes of action their state law claims remain. Describing the background of the case, the court noted: "In Fairview, Tennessee, old grudges generated new conflicts that produced mutinous lawsuits." The court's opinion seemed an easy read for those of us not personally involved and has some good quotes should you need them in a Brady violation case or where your officers' personnel files reflect some bad behavior: "While prosecutors must generally turn over material evidence favorable to a defendant, Brady v. Maryland, 373 U.S. 83, 87 (1963), that does not include generic evidence about prior bad acts with only a "tenuous connection" to a pending case. See Hogan v. Hanks, 97 F.3d 189, 191 (7th Cir. 1996)." Similarly, the court reminds us that generally available public information does not a Brady violation make: "No less importantly, the report was public. A Brady violation requires that "evidence must have been suppressed by the State." Strickler v. Greene, 527 U.S. 263, 282 (1999). It follows that publicly available information generally does not trigger a Brady obligation. See Bell v. Bell, 512 F.3d 223, 236 (6th Cir. 2008). If "information is readily available to the defense from another source, there simply is nothing for the government" to turn over. Matthews v. Ishee, 486 F.3d 883, 891 (6th Cir. 2007). Brady, in short, generally "does not apply when information is available for the asking." United States v. Johnson, 911 F.3d 849, 852 (7th Cir. 2018); see also Puertas v. Overton, 168 F. App'x 689, 695 (6th Cir. 2006) (noting that widespread "public knowledge of the investigation" usually does not trigger a Brady obligation)." [photo] Charles W. 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