032266P.pdf   06/01/2004  Armand Villasana  v.  Weldon Wilhoit
   U.S. Court of Appeals Case No:  03-2266
   Western District of Missouri   
   Civil case - civil rights. District court did not err in dismissing Section 
   1983 action against six crime laboratory officials claiming they had 
   violated plaintiff's constitutional rights under Brady v. Maryland by not 
   disclosing documents underlying their lab reports prior to his criminal 
   trial for rape because the defendants were entitled to qualified immunity 
   from the claim; there is no precedent for the argument that defendants 
   had a clearly established obligation under Brady to disclose exculpatory 
   or potentially exculpatory evidence to the prosecution or the plaintiff; 
   further, the tests fell outside the scope of Brady's absolute duty to 
   disclose, as on their face, the documents did not have either exculpatory 
   or impeachment value; due process claim that law enforcement officers 
   preserved evidence favorable to defense but failed to disclose it would be 
   judged by a bad faith standard; in other words, recovery of Section 1983 
   damages requires proof that the law enforcement officer other than the 
   prosecutor intended to deprive defendant of a fair trial; here, there was no 
   evidence that the lab officials acted in bad faith by not sending the 
   prosecutor the notes underlying their reports, and the district court did not 
   err in entering judgment in favor of the defendants on plaintiff's Section 
   1983 damage claims. 
   [PUBLISHED] [Loken, Author, with Fagg and Bowman, Circuit Judges]