Drumgold v. Callahan

I join two of the majority’s holdings: (1) that evidence of Callahan’s provision of $20 to Evans, as found by the 2009 jury, was not material exculpatory evidence, and (2) that the district court erred in its causation instruction and that this • error prejudiced Callahan. I dissent from the qualified immunity and scope of retrial holdings. On both of those issues, Callahan was and is entitled to judgment as a matter of law, and the case should not be remanded.

I

As to both issues on which I dissent, some background is provided.

On October 13, 1989, Shawn Drumgold was convicted in Massachusetts…