This case arises out of the arrest and interrogation of plaintiff Ronald Kitchen, who claims that his conviction, death sentence, and twenty-one year incarceration were the product of a confession that Chicago Police officers obtained from him through torture.
It is well-settled that “[p]rosecutors are absolutely immune from suits for monetary damages under § 1983 for conduct that is intimately associated with the judicial phase of the criminal process.” Smith v. Power, 346 F.3d 740, 742 (7th Cir. 2003) (quotation marks and citation omitted).
However, as Kitchen has argued, the facts alleged in the FAC, if true, plausibly show that ASA Lukanich was aware of Kitchen’s tortured interrogation and knowingly obtained a coerced and involuntary confession.
The courts of this district have repeatedly held that Gauger v. Hendle, 349 F.3d 354 (7th Cir. 2003), does not cut off a plaintiff’s claim where the defendants are accused of “obstructing justice and violating [the plaintiff’s] right to a fair trial through actions they took outside the interrogation room.” Patterson v. Burge, 328 F.Supp.2d 878, 889 (N.D.Ill. 2004) (Gottschall, J.
LEXIS 79320, at *30 (finding that Gauger did not bar the plaintiff’s Brady claim where the “allegations relate to circumstances that substantially exceed what [the plaintiff] was aware of based on his presence at the interrogation”); Cannon v. Burge, No. 05 C 2192, 2006 WL 273544, *12, 2006 U.S. Dist.