BATTAGLINI v. LABOR, 2:15-cv-03909

Gary Battaglini was convicted by a jury on February 5, 2013, of racketeering conspiracy in EDPA criminal case no. 09-496-11.
At trial, FBI agent John Augustine testified about statements by a cooperating witness that implicated Battaglini; the cooperating witness later recanted those statements.
The cooperating witness recanted after Augustine’s testimony; the Government did not call the cooperator and did not disclose the recantation to defense prior to Augustine’s testimony.
Plaintiff alleges Assistant U.S. Attorney Frank Labor called Augustine and failed to disclose the recantation, causing a wrongful conviction based on perjured testimony; he brings a Bivens damages claim against Labor and Augustine.
Battaglini sought leave to proceed in forma pauperis; the Court granted IFP but dismissed the complaint as legally baseless and denied leave to amend as futile.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Battaglini's Bivens claims challenging his conviction are cognizable while conviction stands	Brought a § 1983-like Bivens suit claiming constitutional injury from prosecution and testimony; seeks damages for wrongful conviction	Conviction remains intact; claims seeking damages for an unvacated conviction are not cognizable under Heck	Dismissed: Heck bar applies — plaintiff must have conviction reversed or otherwise called into question before damages claim lies
Whether Labor and Augustine are liable for alleged use/ nondisclosure of false testimony/recantation	Labor and Augustine’s failure to disclose and alleged use of perjured testimony caused constitutional violations	Prosecutor and witness actions are within protected functions: prosecutors have absolute immunity for prosecutorial acts and decisions not to disclose during prosecution; witnesses have absolute witness immunity	Dismissed: both defendants entitled to absolute immunity (prosecutorial and witness immunity); claims barred

Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (recognition of implied damages action against federal officers for constitutional violations)
Brady v. Maryland, 373 U.S. 83 (constitutional obligation to disclose materially exculpatory evidence)
Heck v. Humphrey, 512 U.S. 477 (damages claims challenging conviction not cognizable unless conviction reversed or invalidated)
Imbler v. Pachtman, 424 U.S. 409 (absolute immunity for prosecutors for conduct within prosecutorial function)
Briscoe v. LaHue, 460 U.S. 325 (absolute immunity for witnesses for testimony, even if allegedly perjured)
Neitzke v. Williams, 490 U.S. 319 (standard for dismissal of frivolous complaints)
Higgs v. Attorney General, 655 F.3d 333 (pro se pleadings construed liberally)
Lora-Pena v. F.B.I., 529 F.3d 503 (Heck rule applied to claims against federal actors)