Alexander v. Freeman, No. 11-3539 (7th Cir. 2012)
Annotate this Case
Alexander, a criminal defense attorney, alleged that a local prosecutor, McKinney, conspired with FBI agents to manufacture false evidence and bring trumped-up charges of conspiracy to commit bribery against him. Alexander had frequently criticized McKinney. A jury acquitted Alexander of the charges, and he sued McKinney for violating his due process rights. The district court dismissed, finding McKinney entitled to qualified immunity because the complaint did not identify a deprivation of a cognizable constitutional right. The Seventh Circuit affirmed, stating that Alexander’s complaint was merely an attempt to recast an untimely false arrest claim into a due process claim. The Fourth Amendment, not the due process clause, is the proper basis for challenging the lawfulness of an arrest. The Supreme Court has made it clear that a substantive due process claim may not be maintained where a specific constitutional provision protects the right at issue.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.