Legal Opinion · Concurring in part, dissenting in part

Nathson Fields v. Lawrence Wharrie

Court of Appeals for the Seventh Circuit

Decided January 23, 2014No. 13-1195Published

1Concurring in part, dissenting in partSykes, Circuit Judge

I agree that Fields’s claims against Kelley are barred by absolute immunity. See Majority op. at 1114-16. In our earlier opinion in this case, we held that Wharrie is absolutely immune from suit on similar allegations of misconduct — specifically, that Wharrie coerced Earl Hawkins to falsely implicate Fields in the 1984 murders of Taiman Hickman and Jerome Smith during the interval between Fields’s first and second trials, while his postcon-viction proceedings were ongoing and in anticipation of retrial. See Fields v. Wharrie (“Fields I”), 672 F.3d 505, 511-16 (7th Cir.2012). The allegations…

2Cases cited19 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Albright v. OliverSupreme Court of the United States · 1994
  4. Imbler v. PachtmanSupreme Court of the United States · 1976
  5. Baker v. McCollanSupreme Court of the United States · 1979

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