In plaintiff's civil action against defendant, pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, for constitutional violations that defendant allegedly committed while serving as the Assistant United States Attorney who prosecuted plaintiff for conspiracy to provide material support or resources to terrorists and conspiracy to engage in fraud or misuse of visas, permits or other immigration documents, partial denial of defendant's motion to dismiss is reversed where: 1) plaintiff has pointed to no harm to himself from the investigation defendant conducted except the non-disclosure of certain exculpatory evidence at trial; and 2) defendant is shielded by prosecutorial immunity for such non-disclosures of exculpatory evidence.
Argued: October 14, 2010
Decided and Filed: February 3, 2010
Opinion by Circuit Judge Kennedy
For Appellant: Robert S. Mullen, Robert S. Mullen & Associates, PLLC
For Appellee: Ben M. Gonek, Law Office