News and Events

Kramon & Graham wins important victory in Bivens claim

John BourgeoisSteve KlepperIn an important decision on matters of Bivens liability and immunity, Kramon & Graham appellate attorneys Steve Klepper (at left) and John Bourgeois (at right) prevailed in successfully defending an Assistant Attorney General acting in service as a Special Assistant U.S. Attorney against allegations of the fabrication and destruction of evidence in a criminal fraud case.

In a unanimous decision, the United States Court of Appeals for the Fourth Circuit agreed with the client's assertion finding that the defendant was protected by prosecutorial immunity under state law.

The case has been covered by news and legal media outlets, including most recently, Reuters Prosecutor immune from claims of fabricating evidence against pharmacy owner - 4th Circ. and Bloomberg Law Federal Investigators in Medicaid Fraud Case Escape Liability, both articles are dated April 26, 2021.

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