Douglas Wayne Thompson v. Joseph Walbran, Assistant United States Attorney, 990 F.2d 403 (8th Cir. 1993). · Go Syfert
Douglas Wayne Thompson v. Joseph Walbran, Assistant United States Attorney, 990 F.2d 403 (8th Cir. 1993). Cases Citing This Book View Copy Cite
“we also conclude that walbran is entitled to absolute prosecutorial immunity for retaining thompson's property because it was important evidence and, if thompson succeeded on direct appeal or his section 2255 petition, it would be needed at trial.”
40 citation events (29 in the last 25 years) across 17 distinct courts.
Strongest positive: Armendariz v. Rovney (mnd, 2021-10-12)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Armendariz v. Rovney
D. Minnesota · 2021 · quote attribution · 1 verbatim quote · confidence high
we also conclude that walbran is entitled to absolute prosecutorial immunity for retaining thompson's property because it was important evidence and, if thompson succeeded on direct appeal or his section 2255 petition, it would be needed at trial.
discussed Cited as authority (rule) Bothwell v. United States Department of Justice
W.D. Okla. · 2025 · confidence medium
See Chrysler Corp. v. Brown, 441 U.S. 281, 285 (1979) (recognizing that “FOIA is purely a disclosure statute”); Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir. 1993) (explaining that there is no private right of action for money damages under FOIA).
cited Cited as authority (rule) Taylor v. Director Office of Information Policy
E.D. Mo. · 2020 · confidence medium
“The FOIA does not create a cause of action against individual federal agency employees.” Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir. 1993) (citation omitted)).
discussed Cited as authority (rule) Joshua Venckus v. City of Iowa City
Iowa · 2019 · confidence medium
Hence, immunity attaches.” (Citations omitted.)); Blakely v. United States, 276 F.3d 853, 871 (6th Cir. 2002) (holding absolute immunity barred Bivens claim); Benson v. Safford, 13 F. App’x 405, 407 (7th Cir. 2001) (holding in Bivens action that “[p]rosecutors . . . are absolutely immune from suits challenging conduct intimately associated with the criminal judicial process”); Bolin v. Story, 225 F.3d 1234, 1242 (11th Cir. 2000) (per curiam) (holding absolute immunity applies to Bivens claims); Lyles v. Sparks, 79 F.3d 372, 376 (4th Cir. 1996) (“In Bivens-type actions, as at common l…
discussed Cited as authority (rule) Allan Rodgers v. Daniel Knight (2×) also: Cited "see"
8th Cir. · 2015 · confidence medium
Thompson v. Walbran, 990 F.2d 403, 404-05 (8th Cir.1993) (per curiam); see also Imbler, 424 U.S. at 430-31 , 96 S.Ct. 984 .
discussed Cited as authority (rule) Crumpton v. Podolak
10th Cir. · 2006 · confidence medium
Id. at 1344 ; see Parkinson v. Cozzolino, 238 F.3d 145, 153 (2d Cir.2001) (holding that “absolute immunity shields prosecutors from liability for the retention of evidence after conviction while a direct appeal is pending”); Thompson v. Walbran, 990 F.2d 403, 404 (8th Cir.1993) (concluding that the prosecutor was entitled to absolute immunity for retaining the defendant’s property because the evidence would be needed at a new trial if the defendant succeeded on direct appeal or his § 2255 petition).
discussed Cited as authority (rule) Allen v. Federal Bureau of Prisons
D.D.C. · 2004 · confidence medium
See Johnson v. Executive Office of the United States Attorneys, 310 F.3d 771, 777 (D.C.Cir.2002) (FOIA “provides requesters with the potential for injunctive relief only”); Thompson v. Walbran, 990 F.2d 403, 404 (8th Cir.1993).
discussed Cited as authority (rule) Buckles v. Indian Health Service/Belcourt Service Unit
D.N.D. · 2003 · confidence medium
CLAIMS AGAINST INDIVIDUAL DEFENDANTS The Privacy Act and the Freedom of Information Act allow civil lawsuits against agencies only, not against individual defendants. 5 U.S.C. § 552a(g)(l) (“individuals may bring a civil action against the agency ” for violations of the Privacy Act); Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir.1993) (the Freedom of Information Act “authorizes suit against federal agencies and does not create a cause of action against individual employees of the agency”); Sherwood Van Lines v. United States Dep’t of Navy, 732 F.Supp. 240, 241 (D.D.C.1990).
discussed Cited as authority (rule) Scherer v. United States (2×)
D. Kan. · 2003 · confidence medium
Louis VA Regional Office, 561 F.Supp. 250, 251 (E.D.Mo.1983); Diamond v. FBI, 532 F.Supp. 216, 233 (S.D.N.Y.1981), aff'd, 707 F.2d 75 (2d Cir. *1278 1983), cert. denied, 465 U.S. 1004 , 104 S.Ct. 995 , 79 L.Ed.2d 228 (1984); Gasparutti v. United States, 22 F.Supp.2d 1114 (C.D.Cal.1998); Soghomonian v. United States, 82 F.Supp.2d 1134 , 1147 n. 9 (E.D.Cal.1999); Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir.1993).
discussed Cited as authority (rule) Parkinson v. United States (2×) also: Cited "see, e.g."
D. Idaho · 2001 · confidence medium
Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir.1993).
discussed Cited as authority (rule) Laughlin v. Commissioner
S.D. Cal. · 2000 · confidence medium
Mot. 8:8-10 (citing 5 U.S.C. § 552 (f), 3 5 U.S.C. § 552a(g)(l)(B), 4 and Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir.1993)) He therefore contends the case should be dismissed because the wrong defendant has been named In response, Plaintiff seeks leave to amend his complaint to properly name the IRS.
cited Cited as authority (rule) Weiss v. Sawyer
W.D. Okla. · 1997 · confidence medium
Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir.1993); Sherwood Van Lines v. United States Dept. of Navy, 732 F.Supp. 240, 241 (D.D.C.1990).
discussed Cited as authority (rule) Barbara Schwarz v. United States Patent & Trademark Office
D.C. Cir. · 1996 · confidence medium
See 5 U.S.C. § 552 (a)(4)(B); Thompson v. Walbran, 990 F.2d 403, 404 (8th Cir.1993). 4 The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing.
cited Cited as authority (rule) Kuffel v. United States Bureau of Prisons
D.D.C. · 1995 · confidence medium
Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir. 1993).
discussed Cited as authority (rule) David J. Kohl v. Joseph M. Casson, Individually, and in His Official Capacity as County Attorney of Jefferson County, Nebraska County of Jefferson, a Body Politic and Corporate of the State of Nebraska Mitch Siebe, Individually and in His Official Capacity as Police Officer for the City of Fairbury City of Fairbury, a Body Politic and Corporate of the State of Nebraska Lewis J. Mason, in His Official Capacity as City Councilman of the City of Fairbury, Nebraska Marvin Engel, in His Official Capacity as City Councilman of the City of Fairbury, Nebraska Joe Jelinek, in His Official Capacity as City Councilman of the City of Fairbury, Nebraska Gene Siefford, in His Official Capacity as City Councilman of the City of Fairbury, Nebraska Dan Stanton, in His Official Capacity as City Councilman of the City of Fairbury, Nebraska Harley Brown, in His Official Capacity as City Councilman of the City of Fairbury, Nebraska Marvin Moerer, in His Official Capacity as City Councilman of the City of Fairbury, Nebraska Chris Goeking, in His Official Capacity as City Councilman of the City of Fairbury, Nebraska Deb Klaus, in Her Official Capacity as City Councilwoman of the City of Fairbury, Nebraska Douglas G. Rosener, in His Official Capacity as City Attorney of the City of Fairbury, Nebraska, David J. Kohl v. Joseph M. Casson, Individually, and in His Official Capacity as County Attorney of Jefferson County, Nebraska, County of Jefferson, a Body Politic and Corporate of the State of Nebraska, Mitch Siebe, Individually and in His Official Capacity as Police Officer for the City of Fairbury, City of Fairbury, a Body Politic and Corporate of the State of Nebraska Lewis J. Mason, in His Official Capacity as City Councilman of the City of Fairbury, Nebraska Marvin Engel, in His Official Capacity as City Councilman of the City of Fairbury, Nebraska Joe Jelinek, in His Official Capacity as City Councilman of the City of Fairbury, Nebraska Gene Siefford, in His Official Capacity as City Councilman of the City of Fairbury, Nebraska Dan Stanton, in His Official Capacity as City Councilman of the City of Fairbury, Nebraska Harley Brown, in His Official Capacity as City Councilman of the City of Fairbury, Nebraska Marvin Moerer, in His Official Capacity as City Councilman of the City of Fairbury, Nebraska Chris Goeking, in His Official Capacity as City Councilman of the City of Fairbury, Nebraska Deb Klaus, in Her Official Capacity as City Councilwoman of the City of Fairbury, Nebraska Douglas G. Rosener, in His Official Capacity as City Attorney of the City of Fairbury, Nebraska
8th Cir. · 1993 · confidence medium
SeeThompson v. Walbran, 990 F.2d 403, 404 (8th Cir.1993) (prosecutor absolutely immune for retaining defendant's property even after obtaining a conviction because it was important evidence that would be needed at trial, if the defendant succeeded in overturning the conviction on direct appeal or through a habeas petition).
cited Cited "see" Phillips v. Bloom
E.D. Mo. · 2021 · signal: see · confidence high
See Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir. 1993).
cited Cited "see" Phillips v. Curtright
E.D. Mo. · 2021 · signal: see · confidence high
See Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir. 1993).
cited Cited "see" Greene v. U.S. Department of Justice
D. Minnesota · 2021 · signal: see · confidence high
See Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir. 1993) (per curiam).
discussed Cited "see" Eltayib v. United States Coast Guard
D.C. Cir. · 2002 · signal: see · confidence high
See Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir.1993) (inmate was not entitled to recover monetary damages for alleged failure to comply with postconviction request under FOIA); Cunningham v. FBI, 664 F.2d 383 , 387 (3d Cir.1981) (Congress did not create in FOIA positive incentives to litigation by authorizing, for example, punitive damages).
cited Cited "see" Johnson v. Commissioner
W.D. Wash. · 2002 · signal: see · confidence high
See Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir.1993); Petrus v. Bowen, 833 F.2d 581, 582 (5th Cir.1987).
discussed Cited "see" Donald Parkinson v. Cozzolino
2d Cir. · 2001 · signal: see · confidence high
See Thompson v. Walbran, 990 F.2d 403, 404 (8th Cir. 1993) (per curiam) (prosecutor entitled to absolute immunity for retaining convicted defendant's property because it was "important evidence" and, if defendant succeeded on direct appeal or habeas, it would be needed at re-trial); Coleman v. Turpen, 697 F.2d 1341, 1344 (10th Cir. 1983) (per curiam) (prosecutor absolutely immune from liability for retaining property pending appeal because such retention is part of his role in presenting the state's case); Maxfield v. Thomas, 557 F. Supp. 1123, 1129 (D.
discussed Cited "see" Parkinson v. Cozzolino
2d Cir. · 2001 · signal: see · confidence high
See Thompson v. Walbran, 990 F.2d 403, 404 (8th Cir.1993) (per curiam) (prosecutor entitled to absolute immunity for retaining convicted defendant’s property because it was “important evidence” and, if defendant succeeded on direct appeal or habeas, it would be needed at re-trial); Coleman v. Turpen, 697 F.2d 1341, 1344 (10th Cir.1982 ) (per curiam) (prosecutor absolutely immune from liability for retaining property pending appeal because such retention is part of his role in presenting the state’s case); Maxfield v. Thomas, 557 F.Supp. 1123, 1129 (D.Idaho 1983) (prosecutor absolutely …
cited Cited "see" Dennis O'Meara v. Internal Revenue Service
7th Cir. · 1998 · signal: see · confidence high
See Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir.1993); Wren v. Harris, 675 F.2d 1144, 1147 (10th Cir.1982).
discussed Cited "see" Brett Kenneth Miller v. United States Attorney
10th Cir. · 1997 · signal: see · confidence high
See Thompson v. Walbran, 990 F.2d 403, 404 (8th Cir.1993); Schrob v. Catterson, 948 F.2d 1402, 1408 (3d Cir.1991); Ehrlich v. Guiliani, 910 F.2d 1220 , 1222 n. 2 (4th Cir.1990); Demery v. Kupperman, 735 F.2d 1139, 1143-44 (9th Cir.1984); Yaselli v. Goff, 12 F.2d 396, 406 (2d Cir.1926). 10 We conclude that this case is civil in nature and subject to the filing fee requirements under 28 U.S.C. § 1915 which were imposed by the district court.
discussed Cited "see" Miller v. U.S. Attorney
10th Cir. · 1997 · signal: see · confidence high
See Thompson v. Walbran, 990 F.2d 403, 404 (8th Cir. 1993); Schrob v. Catterson, 948 F.2d 1402, 1408 (3d Cir. 1991); Ehrlich v. Guiliani, 910 F.2d 1220 , 1222 n.2 (4th Cir. 1990); Demery v. Kupperman, 735 F.2d 1139, 1143-44 (9th Cir. 1984); Yaselli v. Goff, 12 F.2d 396, 406 (2d Cir. 1926).
discussed Cited "see" Kohl v. Casson
8th Cir. · 1993 · signal: see · confidence high
See Thompson v. Walbran, 990 F.2d 403, 404 (8th Cir.1993) (prosecutor absolutely immune for retaining defendant’s property even after obtaining a conviction because it was important evidence that would be needed at trial, if the defendant succeeded in overturning the conviction on direct appeal or through a habeas petition).
discussed Cited "see, e.g." Shaun Fleck v. National Credit Union Administration
D. Or. · 2026 · signal: see also · confidence medium
Money damages—the relief that [the plaintiff] sought here—are not available under FOIA.” (first citing Conucopia, 560 F.3d at 675 n.1; and then citing Johnson, 360 F.3d at 816)); see also Conucopia, 560 F.3d at 675 n.1 (explaining that the plaintiffs were “not entitled to monetary damages for violations of FOIA because . . . [Section] 552(a)(4)(B) authorizes only injunctive relief” (first citing Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir. 1993) (per curiam); then citing Eltayib v. U.S. Coast Guard, 53 F. App’x 127 (D.C.
cited Cited "see, e.g." Cornucopia Institute v. United States Department of Agriculture
7th Cir. · 2009 · signal: see, e.g. · confidence medium
See, e.g., Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir.1993); Eltayib v. U.S. Coast Guard, 53 Fed.Appx. 127 (D.C.Cir.2002); King v. Califano, 471 F.Supp. 180, 181 (D.D.C.1979). 2 .
cited Cited "see, e.g." Cornucopia Institute v. Department of Agriculture
7th Cir. · 2009 · signal: see, e.g. · confidence medium
See, e.g., Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir. 1993); Eltayib v. U.S. Coast Guard, No. 02-5225, 2002 WL 31866267 , at *1 (D.C.
discussed Cited "see, e.g." Ross v. United States
D.D.C. · 2006 · signal: see also · confidence medium
Aug.22, 2006) (dismissing plaintiffs request for damages under FOIA based on Johnson); see also Thompson v. Walbran, 990 F.2d 403, 405 (8th Cir.1993) (holding that there is no private right of action for money damages under FOIA); Gasparutti v. United States, 22 F.Supp.2d 1114, 1116 (C.D.Cal.1998) (“There is no provision under FOIA which provides for an award of money damages for alleged wrongs by federal agencies.”).
discussed Cited "see, e.g." Burke H. Mendenhall and Plaza-Hill Realty Corporation v. Steven Goldsmith
7th Cir. · 1995 · signal: compare · confidence medium
See also, e.g., Giuffre v. Bissell, 31 F.3d 1241, 1252-53 (3d Cir.1994) (prosecutor’s action in an allegedly improper sale of forfeited property clearly involved administrative duties and therefore was not covered by absolute immunity); Lavicky v. Burnett, 758 F.2d 468, 476 (10th Cir.1985) (prosecutor’s action in managing the post-trial disposition of seized property that was not used as evidence and that the state did not intend to keep was not covered by absolute immunity), cert. denied, 474 U.S. 1101 , 106 S.Ct. 882 , 88 L.Ed.2d 917 (1986); Lerwill v. Jostin, 712 F.2d 435, 437 (10th Cir…
Retrieving the full opinion text from the archive…
Douglas Wayne THOMPSON, Appellant,
v.
Joseph WALBRAN, Assistant United States Attorney, Appellee
92-3506.
Court of Appeals for the Eighth Circuit.
Apr 2, 1993.
990 F.2d 403
Douglas Wayne Thompson, pro se., Lonnie Bryan, Minneapolis, MN, for ap-pellee.
Arnold, Bowman, Magill, Morris, Per Curiam, Sheppard.
Cited by 33 opinions  |  Published
PER CURIAM.

Douglas Wayne Thompson, a federal inmate incarcerated in Kansas, appeals the district court’s [1] dismissal of his Bivens complaint against federal prosecutor Joseph Walbran. We affirm.

In January 1989, Thompson entered a conditional plea of guilty to aiding and abetting a robbery, conspiracy to commit bank robbery, possession of a firearm during a crime of violence, and interstate transportation of a firearm. On direct appeal, Thompson challenged the district court’s denial of his motions to withdraw his guilty plea and to suppress evidence. He argued that the police had not had reasonable suspicion to stop the automobile in which he was riding or probable cause to make an arrest and search the vehicle. This court affirmed the district court on both grounds after concluding that the officers had probable cause to arrest Thompson and that they searched the car in a valid search incident to a lawful arrest. United States v. Thompson, 906 F.2d 1292 (8th Cir.), cert. denied, 498 U.S. 989, 111 S.Ct. 530, 112 L.Ed.2d 540 (1990).

This is Thompson’s third attempt to litigate whether he was deprived of access to the courts in violation of the First Amendment, and whether Walbran wrongfully seized his property, denying him the right to employ counsel of his choice. See Thompson v. Walbran, No. 92-1813 (8th Cir. Nov. 9, 1992) [978 F.2d 1264 (table) ] (unpublished per curiam); Thompson v. Williamson, No. 91-1601 (8th Cir. May 11, 1992) [962 F.2d 12 (table) ] (unpublished per curiam). Thompson also alleged that Wal-bran refused to comply with his post-conviction requests under the Freedom of Information Act (FOIA), 5 U.S.C. § 552(a), for police and FBI files, tape recordings, and other records concerning his conviction. Thompson sought declaratory relief, compensatory and punitive damages, attorneys fees, and costs. Thompson did not ask for the production of any records, documents, or information in Walbran’s possession.

We conclude that Walbran is entitled to absolute prosecutorial immunity for claims arising out of his conduct during Thompson’s criminal prosecution. See Burns v. Reed, — U.S. -, -, 111 S.Ct. 1934, 1941, 114 L.Ed.2d 547 (1991) (prosecutors are “absolutely immune from damages liability ... for eliciting false and defamatory testimony from witnesses”); Myers v. Morris, 810 F.2d 1437, 1446 (8th Cir.) (“allegations that a prosecutor knowingly offered, used or presented false, misleading or perjured testimony at trial ... do not defeat absolute prosecutorial immunity, regardless of how reprehensible such conduct would be if it occurred”), cert. denied, 484 U.S. 828, 108 S.Ct. 97, 98 L.Ed.2d 58 (1987). We also conclude that Walbran is entitled to absolute prosecutorial immunity for retaining Thompson’s property because it was important evidence and, if Thompson succeeded on direct appeal or his section 2255 petition, it would be needed at trial. See Imbler v. Pachtman, [*405] 424 U.S. 409, 431-32, 96 S.Ct. 984, 995-96, 47 L.Ed.2d 128 (1976) (prosecuting attorney who acts within scope of duties in initiating criminal prosecution and presenting state’s case is absolutely immune from section 1983 suit for damages); see also White v. Bloom, 621 F.2d 276, 280 (8th Cir.) (same holding in suit based under sections 1983 and 1985), cert. denied, 449 U.S. 995, 101 S.Ct. 533, 66 L.Ed.2d 292 (1980), cert. denied, 449 U.S. 1089, 101 S.Ct. 882, 66 L.Ed.2d 816 (1981).

Finally, we conclude that Thompson failed to state a claim under the FOIA. Even without deciding whether Thompson is entitled to the documents and records he alleges Walbran has refused to provide, Thompson is not entitled to recover monetary damages from Walbran for failure to comply with a request under the FOIA, Thompson did not seek production of the documents and records in his complaint, and he sued the wrong party. See Daniels v. St. Louis VA Regional Office, 561 F.Supp. 250, 251 (E.D.Mo.1983) (no private right of action for money damages under FOIA); Diamond v. FBI, 532 F.Supp. 216, 233 (S.D.N.Y.1981), aff'd, 707 F.2d 75 (2d Cir.1983), cert. denied, 465 U.S. 1004, 104 S.Ct. 995, 79 L.Ed.2d 228 (1984) (same); see also Sherwood Van Lines v. United State Dep’t of Navy, 732 F.Supp. 240, 241 (D.D.C.1990) (“FOIA authorizes suit against federal agencies and does not create cause of action against individual employees of the agency.”).

Accordingly, we affirm.

1

. The Honorable David S. Doty, United States District Judge for District of Minnesota, adopting the report and recommendations of the Honorable Floyd E. Boline, United States Magistrate Judge for the District of Minnesota.