Summary
This Order and Report and Recommendation screens a pro se plaintiff’s Bivens complaint alleging Fourth Amendment violations and malicious prosecution based on allegedly false warrant affidavits. The magistrate judge recommends dismissing the claims against Assistant U.S. Attorney Frank Pennington due to absolute prosecutorial immunity, while finding the claims against FBI Special Agent Savannah Solomon sufficient to survive screening and proceed to service. The document also grants in forma pauperis status and provides standard procedural instructions for the pro se plaintiff.
Topics
Practice areas
Questions Presented
- Whether the claim against AUSA Pennington is barred by absolute prosecutorial immunity
- Whether the Bivens malicious‑prosecution claim against FBI Agent Solomon survives a 28 U.S.C. §1915(e)(2)(B) facial‑plausibility screening
- Whether the complaint sufficiently alleges the elements required for a Bivens claim
Holdings
- The claim against AUSA Pennington is dismissed because prosecutors are absolutely immune for actions undertaken as advocates in the initiation and pursuit of criminal prosecution.
- The complaint sufficiently alleges a plausible Bivens claim against Solomon and therefore survives the §1915(e)(2)(B) screening.
Key quotations
“Prosecutors are immune from civil liability where their alleged malfeasance stems from their “function as advocate.” Jones v. Cannon, 174 F.3d 1271, 1281 (11th Cir. 1999).” (at)
“The Court, therefore, proceeds to screen her Complaint, pursuant to 28 U.S.C. § 1915(e)(2)(B).” (at)
Factual background
Plaintiff Alia Saaed alleges that FBI Special Agent Savannah Solomon and Assistant U.S. Attorney Frank Pennington provided materially false statements and omissions in affidavits supporting search and arrest warrants related to a prior cyberstalking prosecution. The underlying criminal case was dismissed without prejudice.
Procedural history
Plaintiff filed pro se complaint alleging false statements in warrant affidavits and Bivens claims against FBI Agent Solomon and AUSA Pennington. The magistrate judge screened the complaint and issued an order granting in forma pauperis status and dismissing the claim against Pennington while allowing service of the claim against Solomon.