COURT OF APPEALS FOR THE THIRD CIRCUIT
Lewis Fogle v. John Sokol
PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
______________
No. 19-1066
______________
LEWIS JAMES FOGLE
v.
JOHN SOKOL, Pennsylvania State Trooper;
MICHAEL STEFFEE, Pennsylvania State Trooper;
DONALD BECHWITH, Pennsylvania State Police Trooper;
JOSEPH STEPHEN, Pennsylvania State Police Trooper;
JOHN BARDROFF, Corporal;
ANDREW MOLLURA, Corporal;
GLENN WALP, Lieutenant, in their individual capacities;
COUNTY OF INDIANA, PENNSYLVANIA;
GREGORY OLSON, Indiana County District Attorney,
in his official and individual capacity;
WILLIAM MARTIN, Indiana County Assistant District
Attorney, in his individual capacity
County of Indiana, Pennsylvania, Gregory Olson and
William Martin,
Appellants
______________
On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. No. 2-17-cv-00194)
District Judge: Hon. David S. Cercone
______________
Argued September 19, 2019
Before: KRAUSE, MATEY, Circuit Judges,
and QUIÑONES ALEJANDRO,* District Judge.
(Filed: April 20, 2020)
Anna Benvenutti Hoffmann, Esq.
Emma K. Freudenberger, Esq.
Mary K. McCarthy, Esq. [ARGUED]
Peter J. Neufeld, Esq.
Neufeld Scheck & Brustin
99 Hudson Street
8th Floor
New York, NY 10013
Thomas J. Farrell, Esq.
Farrell & Reisinger
300 Koppers Building
436 Seventh Avenue
Suite 300
Pittsburgh, PA 15219
Attorneys for Plaintiff-Appellee
*
Honorable Nitza I. Quiñones Alejandro, District
Judge, United States District Court for the Eastern District of
Pennsylvania, sitting by designation.
2
Michael E. Kennedy, Esq.
Office of Attorney General of Pennsylvania
1251 Waterfront Place
Pittsburgh, PA 15222
Attorney for Defendants Donald Bechwith,
Pennsylvania State Police Trooper; John Bardroff,
Corporal; John Sokol, Pennsylvania State Police
Trooper; Andrew Molllura, Corporal; Michael Steffee,
Pennsylvania State Police Trooper; and Glenn Walp,
Lieutenant, in their individual capacities
Marie M. Jones, Esq. [ARGUED]
Maria N. Pipak, Esq.
Jones Passodelis
707 Grant Street
Gulf Tower, Suite 3410
Pittsburgh, PA 15219
Attorney for Defendants-Appellants County of Indiana;
Gregory Olson, Indiana County District Attorney, in his
official and individual capacity; and William Martin,
Indiana County Assistant District Attorney, in his
individual capacity
3
______________
OPINION
______________
MATEY, Circuit Judge.
Lewis James Fogle spent more than three decades in
prison for a crime he says he did not commit. Now free, he
alleges that his incarceration was no accident, sketching a
widespread conspiracy by law enforcement officials to violate
his civil rights. Implicated in this alleged scheme are former
Indiana County District Attorney Gregory Olson, former
Indiana County Assistant District Attorney William Martin,
and their one-time employer, Indiana County. They all raise
the shield of absolute immunity, a judicially created exception
to 42 U.S.C. § 1983. But the immunity from civil liability
enjoyed by prosecutors hinges on the sanctity of our judicial
process, not “any special esteem.” Kalina v. Fletcher, 522 U.S.
118, 127 (1997) (internal quotation marks omitted). And so only truly prosecutorial functions, not investigative conduct, justify complete protection from suit. Fogle’s complaint alleges acts by Olson and Martin that, taken as true, fall
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