Imbler V. Pachtman

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

• Fullman v. Graddick
  739 F.2d 553· 11th Cir.· 1984-08-20 ·cited 188×
  The court affirmed the dismissal of the plaintiff's civil rights claims, finding that most allegations were either barred by immunity doctrines, failed to state a claim due to vagueness and conclusory nature, or were unsupported by specific facts.
• Iberia Hampton v. Hanrahan
  600 F.2d 600· 7th Cir.· 1979-04-23 ·cited 187×
  The court holds that a jury could sustain a verdict for plaintiffs on one or more theories of liability, but recovery for damages from the raid requires the unlawful raid or excessive force to be within the objects of a conspiracy. Damages for reputational injury alone are not re
• Myers v. Morris
  810 F.2d 1437· 8th Cir.· 1987-02-03 ·cited 130×
  The court holds that the prosecutor's actions in handling child abuse cases are protected, despite concerns about the dismissal of charges and the handling of evidence.
• Forsyth v. Kleindienst
  599 F.2d 1203· 3d Cir.· 1979-05-22 ·cited 122×
  Denials of summary judgment motions based on absolute immunity are immediately appealable under the collateral order doctrine, but denials of qualified immunity are not. Former Attorney General Mitchell is not entitled to absolute immunity for authorizing warrantless electronic s
• Briggs v. Goodwin
  569 F.2d 10· D.C. Cir.· 1977-09-21 ·cited 115×
  The court held that a prosecutor acting as a witness in a courtroom, answering a judge's question, is performing a function intimately associated with the judicial process and is therefore entitled to absolute immunity from civil suit.
• Vicory v. Walton
  721 F.2d 1062· 6th Cir.· 1983-11-30 ·cited 76×
  The court should reverse and enter judgment for defendants based on prosecutorial immunity and the inapplicability of Parratt v. Taylor.
• Atkins v. Lanning
  556 F.2d 485· 10th Cir.· 1977-06-08 ·cited 64×
  The court held that the district attorney and investigators are immune from civil rights claims for a mistaken arrest, and the conspiracy claim was insufficient.
• Kirchoff v. Flynn
  786 F.2d 320· 7th Cir.· 1986-03-17 ·cited 61×
  The dissenting judge argues that the district court's fee award calculation, based on a contingent fee contract reflecting market value, was reasonable and that the majority failed to provide adequate guidance.
• Palermo v. Warden, Green Haven State Prison
  545 F.2d 286· 2d Cir.· 1976-11-01 ·cited 61×
  The dissenting judge would not grant specific performance of an unauthorized and unfulfillable prosecutorial promise that intruded upon independent agencies' discretion.
• Mrs. Susie Lite Morrison v. City OF Baton Rouge
  761 F.2d 242· 5th Cir.· 1985-05-28 ·cited 60×
  A state prosecutor is absolutely immune from liability under 42 U.S.C. § 1983 for maliciously presenting evidence to a grand jury, even if calculated to clear a suspect.
• Jennings v. Shuman
  567 F.2d 1213· 3d Cir.· 1977-11-30 ·cited 55×
  The court held that the plaintiff's claim for malicious abuse of process, underlying a § 1983 action, is not barred by the statute of limitations, but the claim for malicious use of process is barred. The § 1985(3) claim was properly dismissed for failure to allege a class-based
• Bledsoe v. Garcia
  742 F.2d 1237· 10th Cir.· 1984-09-04 ·cited 54×
  The court held that a good faith defense is available for § 1983 claims of excessive force and that exigent circumstances justified the entry into the residence. The court also affirmed the requirement of a unanimous jury verdict in federal civil trials.
• White v. Frank
  855 F.2d 956· 2d Cir.· 1988-08-24 ·cited 50×
  Police officers are not absolutely immune from civil liability under § 1983 for malicious prosecution if they acted as complaining witnesses, and this factual determination prevents interlocutory appeal of the immunity defense.
• Marx v. Gumbinner
  855 F.2d 783· 11th Cir.· 1988-09-20 ·cited 48×
  The court held that it lacked jurisdiction to hear an interlocutory appeal from an order denying qualified immunity when the plaintiff also sought injunctive relief.
• Krohn v. United States
  742 F.2d 24· 1st Cir.· 1984-08-22 ·cited 48×
  Denials of absolute and qualified immunity are immediately appealable. Absolute immunity applies to federal officials acting within the outer perimeter of their line of duty, even if the means are questionable. Qualified immunity requires a prima facie showing of impropriety to d
• 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.
• Kurzawa v. Mueller
  732 F.2d 1456· 6th Cir.· 1984-03-22 ·cited 41×
  The court affirmed the district court's dismissal of the § 1983 and state law claims, finding that the defendants were entitled to absolute immunity for their roles in the judicial process and that the claims were barred by applicable statutes of limitations.
• LEE v. Joseph "Scooter Joe" Willins
  617 F.2d 320· 2d Cir.· 1980-03-17 ·cited 38×
  Prosecutors are absolutely immune from civil liability for actions taken in initiating a prosecution and presenting the state's case, even if those actions involve alleged misconduct like coercing testimony or planting evidence, if the resulting harm is directly tied to the prose
• C. R. "Jake" Cook v. The Houston Post
  616 F.2d 791· 5th Cir.· 1980-05-07 ·cited 36×
  A prosecutor is absolutely immune from suit under § 1983 for acts within the scope of his duties, and private individuals conspiring with immune state officials are not automatically liable under § 1983 if no constitutional right was deprived.
• Taylor v. Nichols
  558 F.2d 561· 10th Cir.· 1977-06-30 ·cited 35×
  A special prosecutor is entitled to the same absolute immunity as a state prosecutor, and county commissioners are entitled to qualified immunity if they act in good faith and within their discretion.
• 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.
• Morton L. Simons and Barbara M. Simons v. Bellinger
  643 F.2d 774· D.C. Cir.· 1980-01-04 ·cited 34×
  Members of the District of Columbia Court of Appeals Committee on Unauthorized Practice of Law are entitled to absolute immunity for their actions in investigating and prosecuting alleged violations of the rules governing the practice of law.
• Slyvester Harris v. Harvey
  605 F.2d 330· 7th Cir.· 1979-08-20 ·cited 33×
  A judge's extrajudicial acts, motivated by racial animus and performed under color of law, are not protected by judicial or prosecutorial immunity and can form the basis of an equal protection claim under 42 U.S.C. § 1983.
• Barr v. Abrams
  810 F.2d 358· 2d Cir.· 1987-01-28 ·cited 32×
  Prosecutors are absolutely immune from civil rights liability for actions intimately associated with the judicial phase of the criminal process, unless they proceed in the clear absence of all jurisdiction; otherwise, qualified immunity applies. Investigators are protected by qua
• 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.
• Lavicky v. Burnett
  758 F.2d 468· 10th Cir.· 1985-03-19 ·cited 30×
  The court held that a due process claim for intentional property deprivation is not barred by postdeprivation remedies when the state's actions are planned and not random, and that collateral estoppel does not bar a Fourth Amendment claim when the state court's suppression ruling
• Thompson v. Parole Supervisor Burke
  556 F.2d 231· 3d Cir.· 1977-06-01 ·cited 30×
  The court held that the district court erred in granting a directed verdict for Parole Board Member Jefferson, as the record was insufficient to determine if he provided constitutionally adequate due process or if he is entitled to immunity.
• Hamilton v. Daley
  777 F.2d 1207· 7th Cir.· 1985-11-18 ·cited 28×
  The court held that while the plaintiff's suit was frivolous and defendants were entitled to fees, the district court failed to adequately determine if all hours billed were reasonably expended in light of the frivolous nature of the claims. The court remanded for further finding
• Beard v. Udall
  648 F.2d 1264· 9th Cir.· 1981-06-26 ·cited 28×
  A judge is not immune for conspiracy to jail a party if the acts were non-judicial; a prosecutor loses immunity if acting outside authority due to conflict of interest and baseless charges; a sheriff has qualified immunity.
• Prince v. Wallace
  568 F.2d 1176· 5th Cir.· 1978-03-03 ·cited 28×
  The court affirmed the district court's grant of summary judgment and dismissal, finding the claims barred by the statute of limitations and prosecutorial immunity.
• Bennett v. City OF Slidell
  697 F.2d 657· 5th Cir.· 1983-02-07 ·cited 25×
  The court held that the city and city attorney could be held liable under § 1983 for unconstitutional application of zoning ordinances and deprivation of power, but the councilmen were not liable due to insufficient evidence.
• Henderson v. Lopez
  790 F.2d 44· 7th Cir.· 1986-05-05 ·cited 24×
  An Assistant State's Attorney is entitled to absolute immunity when performing quasi-judicial functions, such as advising county officials on legal matters.
• Zed Daniels v. Kieser
  586 F.2d 64· 7th Cir.· 1978-11-07 ·cited 23×
  A prosecutor is absolutely immune from civil liability for actions taken in securing a material witness arrest warrant when those actions are intimately associated with the judicial phase of the criminal process.
• Keating v. Martin
  638 F.2d 1121· 8th Cir.· 1980-12-09 ·cited 21×
  The court held that the district court properly dismissed the appellant's § 1983 claims against various state officials due to immunity doctrines and lack of state action.
• Bartholomew J. Lawson and Nancy L. Lester v. Abrams
  863 F.2d 260· 2d Cir.· 1988-12-20 ·cited 18×
  The court held that the appeal from the district court's order granting leave to amend the complaint and denying a motion to dismiss based on absolute immunity was premature and dismissed for lack of appellate jurisdiction.
• Williams v. Hepting
  844 F.2d 138· 3d Cir.· 1988-04-18 ·cited 18×
  Witnesses are entitled to absolute immunity for testimony given at pretrial hearings, and federal courts should stay, rather than dismiss, civil rights claims for damages that cannot be redressed in ongoing state proceedings.
• Jean Hart as Administratrix of the Estate of Levi Hart v. Bourque
  798 F.2d 519· 1st Cir.· 1986-08-12 ·cited 18×
  The court held that the lower court erred in its calculation of attorney's fees and prejudgment interest, finding the claimed hours and multiplier unjustified and the delay in payment attributable to the plaintiff.
• Smith v. Updegraff
  744 F.2d 1354· 8th Cir.· 1984-10-01 ·cited 18×
  The court held that the defendants' actions were not barred by res judicata or collateral estoppel, that the statute of limitations was correctly applied, and that the prosecutor was not immune from suit for actions outside his official duties.
• Myers v. Bull
  599 F.2d 863· 8th Cir.· 1979-06-11 ·cited 17×
  The court held that a police officer testifying in a judicial proceeding is not acting under color of law and that witnesses are absolutely immune from civil suits for their testimony, even if perjured.
• Millspaugh v. Cnty. Dep't OF Pub. Welf. OF Wabash Cnty.
  937 F.2d 1172· 7th Cir.· 1991-07-15 ·cited 14×
  Social workers are entitled to absolute immunity for actions taken in presenting a case to a court, and qualified immunity for actions in gathering evidence or taking initial custody, provided those actions were objectively reasonable.
• Burke v. Jerry Miller, M.D.
  580 F.2d 108· 4th Cir.· 1978-07-06 ·cited 14×
  Witnesses in state judicial proceedings are absolutely immune from civil liability under 42 U.S.C. § 1983 and § 1985 for testimony given in their official capacity.
• Lewellen v. Raff
  843 F.2d 1103· 8th Cir.· 1988-04-04 ·cited 13×
  The court held that the district court did not err in granting a preliminary injunction against the state criminal prosecution, but erred in denying absolute prosecutorial immunity for claims arising from electronic surveillance.
• 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.
• Harllel B. Jones v. Shankland
  800 F.2d 77· 6th Cir.· 1986-09-02 ·cited 12×
  The court held that the appellant's civil rights claims were time-barred by the applicable one-year statute of limitations and that county prosecutors were absolutely immune from suit.
• Campbell v. State OF Me.
  787 F.2d 776· 1st Cir.· 1986-04-03 ·cited 12×
  The court held that the district court's grant of summary judgment was proper because the plaintiff's claims were barred by a release, collateral estoppel, and prosecutorial immunity.
• Freeman v. Hittle
  708 F.2d 442· 9th Cir.· 1983-06-13 ·cited 12×
  Prosecuting attorneys and their investigators are absolutely immune from civil suit for actions taken within the scope of their official duties, including investigative functions related to criminal prosecutions.
• Vosburg v. Dep't OF Soc. Servs.
  884 F.2d 133· 4th Cir.· 1989-08-29 ·cited 11×
  State social workers are absolutely immune from liability for filing a child removal petition, as this action is considered prosecutorial in nature.
• Lloyd v. Hines
  474 So. 2d 376· Fla. 1st DCA· 1985-08-13 ·cited 9×
  Winston Lloyd appealed the dismissal of his civil rights complaint arising from his 1980 arrest on 30 felony charges. The court affirmed dismissal against the prosecutor and FDLE analyst but reversed dismissal against the deputy sheriffs and sheriff, finding viable § 1983 claims
• Dobosz v. Walsh
  892 F.2d 1135· 2d Cir.· 1989-12-28 ·cited 8×
  The court held that the defendant superintendent has qualified immunity from the due process claims but not from the First Amendment retaliation claim, and that absolute immunity does not apply to the suspension decision.