Powell v. Miller

TYMKOVICH, Chief Judge.

After his release from death row, Paris LaPriest Powell sued the prosecutor responsible for his overturned conviction, Robert Bradley Miller. Powell charged that Miller had suborned perjury from a key witness at his trial, Derrick Smith; had hidden from the defense evidence of Miller’s agreement to help Smith with his own criminal charges; and had failed to disclose the efforts Miller made on Smith’s behalf with regard to those charges. Miller filed a motion to dismiss. The district court granted the motion in part, but denied qualified immunity on certain claims.…