Functional Approach To Immunity

64 Florida cases classified under this topic · sorted by citation count · browse and sort

• Rose v. Bartle
  871 F.2d 331· 3d Cir.· 1989-03-20 ·cited 89×
  The court held that the district court's notice of converting motions to dismiss into motions for summary judgment was ambiguous, denying plaintiffs adequate opportunity to oppose. However, the court will affirm in part and reverse in part based on whether plaintiffs could prove
• Clark Davenport Snell v. Conley Tunnell
  920 F.2d 673· 10th Cir.· 1990-11-30 ·cited 48×
  The court held that the non-attorney DHS employees were acting in an investigative capacity and thus not entitled to absolute immunity, and that the DHS attorney was not entitled to absolute immunity for seeking an order based on false information. The court also affirmed the den
• Taylor v. Kavanagh
  640 F.2d 450· 2d Cir.· 1981-01-26 ·cited 48×
  A prosecutor's actions in plea bargaining are protected by absolute immunity under 42 U.S.C. § 1983, and damages cannot be recovered for harm resulting from such conduct.
• Bruce v. Riddle
  631 F.2d 272· 4th Cir.· 1980-09-10 ·cited 47×
  Members of a local county council are entitled to absolute legislative immunity under 42 U.S.C. § 1983 for actions taken in their legislative capacity, including voting on zoning ordinances, even if influenced by private meetings with constituents.
• Powers v. COE
  728 F.2d 97· 2d Cir.· 1984-02-10 ·cited 42×
  A guilty plea does not moot a § 1983 claim for constitutional violations occurring prior to the plea, and prosecutorial immunity does not bar claims arising from press leaks or illegal wiretaps.
• Joseph v. Patterson
  795 F.2d 549· 6th Cir.· 1986-07-02 ·cited 34×
  Prosecutors are not absolutely immune for investigative or administrative acts, but are immune for actions directly related to initiating and presenting a criminal case. Investigators generally have qualified immunity.
• Valdez v. City & Cnty. OF Denver
  878 F.2d 1285· 10th Cir.· 1989-07-06 ·cited 32×
  An official charged with executing a facially valid court order is absolutely immune from liability for damages for actions taken pursuant to that order.
• Buckley v. Fitzsimmons
  919 F.2d 1230· 7th Cir.· 1990-12-05 ·cited 30×
  The court should not grant absolute immunity to a prosecutor for statements made at a press conference that allegedly create prejudicial pretrial publicity.
• Demoran v. F.A. Witt & John Does 1-4.
  781 F.2d 155· 9th Cir.· 1985-12-10 ·cited 30×
  Probation officers preparing presentencing reports are entitled to absolute judicial immunity from personal damage actions under 42 U.S.C. § 1983.
• Saxner v. Benson
  727 F.2d 669· 7th Cir.· 1984-02-13 ·cited 30×
  Prison disciplinary committee members are not entitled to absolute immunity, as their functions and procedures do not meet the standards required for such immunity, and public policy does not necessitate it.
• McKINNEY v. Whitfield
  736 F.2d 766· D.C. Cir.· 1984-06-15 ·cited 28×
  Federal managerial employees are not absolutely immune from common law tort liability for acts that are manifestly beyond the outer perimeter of their line of duty, such as the physical coercion of subordinate employees.
• Honorable Ronald v. Dellums
  660 F.2d 802· D.C. Cir.· 1981-07-24 ·cited 28×
  The court held that former Attorney General Mitchell is not entitled to absolute immunity for actions related to malicious prosecution that were not closely connected with the judicial process.
• Larry and Karen Spielman v. Hildebrand
  873 F.2d 1377· 10th Cir.· 1989-05-03 ·cited 22×
  The court held that the defendants were entitled to qualified immunity because the plaintiffs failed to demonstrate a violation of any federal constitutional or statutory rights, as the Spielmans received a meaningful hearing prior to the deprivation of any liberty interest.
• Austin v. Borel
  830 F.2d 1356· 5th Cir.· 1987-11-04 ·cited 20×
  Child protection workers are entitled to qualified, not absolute, immunity for filing a verified complaint seeking removal of children, as this function is analogous to a police officer seeking an arrest warrant, not a prosecutor initiating a criminal case.
• Araujo v. Welch
  742 F.2d 802· 3d Cir.· 1984-09-07 ·cited 20×
  The court held that while verbal abuse and intentional infliction of emotional distress claims may be protected by official immunity if they advance legitimate office objectives, physical abuse by a supervisor against a subordinate generally falls outside the outer perimeter of o
• Brummett v. Camble
  946 F.2d 1178· 5th Cir.· 1991-11-14 ·cited 18×
  Prosecutors are absolutely immune from § 1983 liability for initiating prosecutions, even if they have a conflict of interest or act in a private capacity. A § 1983 malicious prosecution claim accrues upon favorable termination of the underlying criminal proceeding.
• Johnson v. Kegans
  870 F.2d 992· 5th Cir.· 1989-04-24 ·cited 16×
  Judges and prosecutors are absolutely immune from liability for damages for acts intimately connected with the judicial and parole-granting processes, and the plaintiff failed to state a claim for injunctive relief.
• Rateree v. Rockett
  852 F.2d 946· 7th Cir.· 1988-07-18 ·cited 16×
  Local legislators are absolutely immune from liability under 42 U.S.C. § 1983 for actions taken in their legislative capacity, including budgetary decisions that eliminate job positions.
• Robinson v. Volkswagenwerk AG
  940 F.2d 1369· 10th Cir.· 1991-08-01 ·cited 14×
  A private law firm is not entitled to absolute immunity for its discovery and litigation conduct, as such immunity is not recognized at common law for these types of claims.
• Grant v. Hollenbach
  870 F.2d 1135· 6th Cir.· 1989-03-28 ·cited 14×
  Prosecutors are entitled to absolute immunity under § 1983 for actions taken within their prosecutorial duties, including decisions to investigate, prosecute, and present evidence to a grand jury.
• Auriemma v. Montgomery
  860 F.2d 273· 7th Cir.· 1988-10-21 ·cited 13×
  Government attorneys are not absolutely immune from suit for alleged violations of the Fair Credit Reporting Act (FCRA) stemming from extra-judicial investigations of plaintiffs who had sued the government.
• Johnson v. R.I. Parole Bd. Members
  815 F.2d 5· 1st Cir.· 1987-03-31 ·cited 13×
  State parole board members are entitled to absolute immunity from liability for damages in a § 1983 action for actions taken within the proper scope of their official duties.
• RAY v. Pickett
  734 F.2d 370· 8th Cir.· 1984-05-14 ·cited 13×
  Federal probation officers are not entitled to absolute immunity when filing a parole violation report, but are entitled to qualified immunity.
• Irwin Schrob and Barbara L. Schrob v. Catterson
  948 F.2d 1402· 3d Cir.· 1991-11-15 ·cited 12×
  The court held that a prosecutor initiating an in rem civil forfeiture proceeding is entitled to absolute immunity, but the preparation and application for a seizure warrant falls into a gray area requiring further analysis for qualified immunity.
• NEW Alaska Dev. Corp. v. Bernd C. Guetschow
  869 F.2d 1298· 9th Cir.· 1989-03-09 ·cited 12×
  The court held that a judge is absolutely immune for judicial acts within jurisdiction, and a court-appointed receiver is entitled to quasi-judicial immunity for acts within the scope of the appointing court's jurisdiction. Allegations of theft and slander by the receiver, howeve
• Oliva v. Kirby Heller
  839 F.2d 37· 2d Cir.· 1988-02-05 ·cited 12×
  The absolute immunity enjoyed by judges in the exercise of their judicial authority extends to law clerks who assist judges in carrying out judicial functions.
• Chastain v. Sundquist
  833 F.2d 311· D.C. Cir.· 1987-11-06 ·cited 10×
  Members of Congress are not entitled to absolute official immunity for common law torts, such as defamation, committed outside the scope of the Speech or Debate Clause.
• Nelson v. Balazic
  802 F.2d 1077· 8th Cir.· 1986-10-10 ·cited 10×
  Parole board members are entitled to absolute immunity for parole decisions, while parole officers are entitled to qualified immunity for their actions.
• Darnell v. Col. John H. Ford
  903 F.2d 556· 8th Cir.· 1990-05-11 ·cited 9×
  The court held that while Darnell's First Amendment rights were violated, the district court erred in reinstating the full $400,000 damage award; Darnell should be reinstated as a troop commander.
• COK v. Cosentino
  876 F.2d 1· 1st Cir.· 1989-05-26 ·cited 9×
  The court held that the judge, guardian ad litem, and conservator were absolutely immune from civil liability for actions taken in their official capacities during divorce proceedings.
• Hansen v. Bennett
  948 F.2d 397· 7th Cir.· 1991-11-27 ·cited 8×
  The court held that an appeal regarding qualified immunity is dismissed for lack of jurisdiction when it turns on a disputed issue of fact, and that a mayor is not entitled to absolute legislative immunity for removing a disruptive individual from the public comment portion of a
• FRY v. Olin Melaragno
  939 F.2d 832· 9th Cir.· 1991-07-29 ·cited 7×
  IRS attorneys involved in tax litigation are absolutely immune from damage liability for actions intimately associated with the judicial process, and revenue agents are entitled to qualified immunity unless they violate clearly established rights.
• Walter v. Torres
  917 F.2d 1379· 5th Cir.· 1990-11-29 ·cited 6×
  Parole board members have absolute immunity for adjudicative functions (applying rules to individual cases) but only qualified immunity for administrative functions (enacting rules).
• Murphy v. Morris
  849 F.2d 1101· 8th Cir.· 1988-06-16 ·cited 6×
  A state assistant attorney general is entitled to absolute immunity for regular advocacy functions performed in defense of civil rights litigation.
• MEE v. Ortega
  967 F.2d 423· 10th Cir.· 1992-06-18 ·cited 5×
  Parole officers are entitled to qualified immunity, not absolute immunity, for decisions to detain parolees pending revocation hearings, and supervisors are not liable without a showing of personal involvement.
• Syed Munawwar Qadri v. Rivera-Mercado
  303 So. 3d 250· Fla. 5th DCA· 2020-08-30 ·cited 4×
  Prosecutors Syed Munawwar Qadri and Aramis Ayala appealed the denial of motions to dismiss a civil suit alleging malicious prosecution and false arrest arising from the issuance of a material witness warrant. The court held that prosecutors enjoy absolute immunity from such suits
• Brown v. Griesenauer
  970 F.2d 431· 8th Cir.· 1992-07-13 ·cited 4×
• Anthony v. Baker
  955 F.2d 1395· 10th Cir.· 1992-02-05 ·cited 4×
  The court held that the law of the case doctrine barred reargument of absolute immunity for grand jury testimony, but not for preliminary hearing testimony.
• Calhoun v. ST. Bernard Parish
  937 F.2d 172· 5th Cir.· 1991-08-01 ·cited 4×
  Police Jurors are entitled to legislative immunity against damages in their individual capacities for actions related to zoning decisions.
• Elton Houston and Robert Brown v. Partee
  978 F.2d 362· 7th Cir.· 1992-10-27 ·cited 2×
  Prosecutors are not absolutely immune from suit for failing to disclose exculpatory evidence discovered after conviction and while direct appeals were pending, as this conduct falls outside the scope of their prosecutorial functions.
• Russ v. Uppah
  972 F.2d 300· 10th Cir.· 1992-06-19 ·cited 2×
  Parole board members are entitled to absolute immunity for actions taken in their official duties, but parole officers are entitled only to qualified immunity for such actions.
• Antoine v. Byers & Anderson, Inc.
  950 F.2d 1471· 9th Cir.· 1991-12-13 ·cited 2×
  A court reporter is entitled to absolute quasi-judicial immunity for acts performed within the scope of their duties, and this immunity extends to their employer.
• Stewart v. P.O. Gary Lattanzi
  832 F.2d 12· 2d Cir.· 1987-10-26 ·cited 2×
  The court held that the district court erred in sua sponte dismissing the complaint for failure to state a claim based on absolute immunity without allowing the plaintiff an opportunity to present evidence.
• Davis v. Grusemeyer
  996 F.2d 617· 3d Cir.· 1993-06-08 ·cited 1×
  The court held that the plaintiff's RICO claims were time-barred and that state prosecutors were absolutely immune from the plaintiff's malicious prosecution claims.
• Kidanemariam Kassa v. Antionette Stephenson
  11th Cir.· 2022-07-18
  Absolute prosecutorial immunity does not protect a prosecutor for failing to take action to cancel a material witness warrant after the judicial proceeding has concluded.
• Courthouse News Serv. v. Forman
  N.D. Fla.· 2022-05-04
  The court held that the Florida E-Filing Authority is an arm of the state and thus immune from suit, but its chair, Rushing, is a proper defendant for injunctive relief. The court also held that Clerk Forman is not a judicial officer for purposes of the FCIA and that docketing co
• Syed Munawwar Qadri v. Rivera-Mercado
  Fla. 5th DCA· 2020-08-31
  This case concerns whether prosecutors are immune from lawsuits for actions taken during their official duties. The appellate court held that prosecutors are entitled to absolute immunity for actions related to initiating or maintaining a prosecution, including securing material
• Aramis Ayala v. Rivera-Mercado
  Fla. 5th DCA· 2020-08-31
  This case concerns whether prosecutors are immune from lawsuits for actions taken during their official duties. The appellate court held that prosecutors are entitled to absolute immunity for actions related to initiating or maintaining a prosecution, including securing material
• DeCAMP v. Douglas Cnty. Franklin Grand Jury
  978 F.2d 1047· 8th Cir.· 1992-11-02
  Special prosecutors are absolutely immune from § 1983 liability for assisting a grand jury in drafting an official report permitted by state law, as this function is intimately associated with the judicial phase of the criminal process.
• Zamsky v. Stafford Hansell
  933 F.2d 677· 9th Cir.· 1991-05-17
  State officials acting in a legislative capacity, such as reviewing and approving or denying land use plans for compliance with statewide goals, are absolutely immune from damages liability.