David L. Lewis v. Larry Mills, 2012 U.S. App. LEXIS 7993

Lewis, a former part-time police officer, faced multiple alleged sexual misconduct claims by Playpen dancers in 2006–2007.
Investigator Kaag led the initial investigation; Mills, Damilano, Corrie, and Gray allegedly involved in prosecutorial or conspiratorial actions.
Kaag forwarded results to Mills after investigation; Mills withheld immediate action while later being investigated himself by the FBI.
Lewis was charged in 2007 with numerous felonies; he was acquitted on some counts and later pled guilty to four class A misdemeanors in 2008.
In 2010, Lewis filed a 42 U.S.C. § 1983 claim alleging retaliation for cooperating with the FBI; the district court granted summary judgment for all defendants.
We affirm the district court’s grant of summary judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Mills has absolute prosecutorial immunity.	Lewis asserts Mills participated in investigation/fabrication, exceeding prosecutorial duties.	Mills remained within prosecutorial function; no intrusion into investigative role.	Mills entitled to absolute prosecutorial immunity.
Whether Damilano can be liable as a nonprosecutor retaliatory influencer.	Damilano influenced prosecutors to frame Lewis.	No sufficient animus or causal link; acted under Kaag’s supervision.	No retaliatory inducement evidence; Damilano not liable.
Whether Corrie and Gray conspired with state actors to frame Lewis.	Dow’s testimony and Corrie’s conduct show a conspiracy.	No evidence of concerted action with Mills/Damilano; Corrie’s motives irrelevant to state action.	No demonstrated conspiracy with state actors; claim fails.
Whether Heck v. Humphrey bars the § 1983 claim due to Lewis’s guilty plea.	A successful § 1983 claim could coexist with a guilty plea to misdemeanors.	Guilty plea undermines § 1983 action where success would imply invalid conviction.	Heck bar applies; no reversible conflict with plea.
Whether the record supports a reasonable jury finding of a constitutional violation.	There is evidence of retaliation tied to FBI cooperation.	Record evidence shows no actionable retaliatory conduct by defendants.	Record supports entry of summary judgment for all defendants.

Hartman v. Moore, 547 U.S. 250 (U.S. 2006) (prosecutorial immunity for core prosecutorial actions; not for investigative work)
Buckley v. Fitzsimmons, 509 U.S. 259 (U.S. 1993) (immunity depends on activity in the case; core judicial phase vs. investigative actions)
Spiegel v. Rabinovitz, 121 F.3d 251 (7th Cir. 1997) (prosecutor's decisions on charges merited immunity)
Castronovo v. Nat'l Union Fire Ins. Co., 571 F.3d 667 (7th Cir. 2009) (summary judgment framework; evidence standard)
Chiaramonte v. Fashion Bed Group, Inc., 129 F.3d 391 (7th Cir. 1997) (summary judgment standard; metaphysical doubt not enough)