Prosecutorial Immunity

459 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Hahn v. Sargent
  523 F.2d 461· 1st Cir.· 1975-09-18 ·cited 255×
  The court affirmed the district court's dismissal of claims under 42 U.S.C. §§ 1983, 1985(2), 1985(3), and 1986, finding no genuine issue of material fact to defeat summary judgment.
• 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
• Slavin v. Curry
  574 F.2d 1256· 5th Cir.· 1978-06-13 ·cited 160×
  The court held that a pro se complaint alleging a single, continuing conspiracy under 42 U.S.C. § 1983 should not be dismissed without a hearing, especially when immunity defenses are raised, and that claims under § 1985 and § 1986 require specific class-based animus not present
• Bauers v. Heisel
  361 F.2d 581· 3d Cir.· 1966-05-19 ·cited 152×
• Bell v. City OF Milwaukee
  746 F.2d 1205· 7th Cir.· 1984-09-04 ·cited 145×
  The court held that the district court properly admitted evidence of a conspiracy to conceal the truth and that certain civil rights claims were not time-barred.
• Elliott v. Leander H. Perez, Jr.
  751 F.2d 1472· 5th Cir.· 1985-02-07 ·cited 139×
  The court holds that a claim against an official enjoying absolute immunity must state sufficient facts to demonstrate the absence of immunity.
• Iberia Hampton v. The City OF Chicago
  484 F.2d 602· 7th Cir.· 1973-08-24 ·cited 137×
  The court held that state law cannot immunize conduct wrongful under federal civil rights statutes, and that prosecutorial conduct in planning a raid is not immune. It also found that allegations of conspiracy to prolong unfounded prosecutions were sufficient to survive a motion
• 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
• Henzel v. Gerstein
  608 F.2d 654· 5th Cir.· 1979-12-21 ·cited 116×
  The court held that prosecutors, judges, and supervisory officials are immune from § 1983 liability for actions within their official capacities, and that private citizens cannot be held liable for conspiracy with immune officials based on derivative immunity. The § 1985 claim fa
• 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.
• Guerro v. Mulhearn
  498 F.2d 1249· 1st Cir.· 1974-06-24 ·cited 109×
  A federal court must stay its hand in a section 1983 damage action if disposition would involve ruling on the legality of a state conviction during pending state proceedings, but not every related action requires exhaustion.
• Apton v. Jerry V. Wilson (Chief of Police)
  506 F.2d 83· D.C. Cir.· 1974-08-16 ·cited 108×
• Brawer v. Jay S. Horowitz & Salvatore L. Mauceli (two cases). Appeal of Ralph J. Ignomirello
  535 F.2d 830· 3d Cir.· 1976-05-12 ·cited 104×
  A federal prosecutor is absolutely immune from civil suit for actions taken as an advocate, and a cooperating witness is also immune from a Bivens-type action for testimony given at trial. Claims under 42 U.S.C. § 1985(2) and § 1986 were also dismissed.
• Kauffman v. Moss
  420 F.2d 1270· 3d Cir.· 1970-01-14 ·cited 104×
  The plaintiff is estopped from relitigating the issue of perjury in a prior criminal trial because it was necessarily determined against him by the guilty verdict.
• Meade v. Grubbs
  841 F.2d 1512· 10th Cir.· 1988-03-11 ·cited 100×
  The court held that the district court abused its discretion by dismissing the case for violation of a local rule and that the plaintiff's allegations sufficiently stated a claim for excessive force under 42 U.S.C. § 1983. However, state officials sued in their official capacitie
• Robichaud v. Ronan
  351 F.2d 533· 9th Cir.· 1965-10-08 ·cited 100×
  A prosecuting attorney is not immune from liability under 42 U.S.C. § 1983 when acting outside their quasi-judicial capacity, such as in an investigative or police-like role.
• Wahl v. McIVER
  773 F.2d 1169· 11th Cir.· 1985-10-15 ·cited 98×
  The court held that judges and prosecutors are immune from civil liability for their official acts, and that inmate claims for injunctive relief are moot upon transfer. The court also affirmed the dismissal of claims against the public defender and found no abuse of discretion in
• Sparks v. Duval Cnty. Ranch Co., Inc.
  604 F.2d 976· 5th Cir.· 1979-10-22 ·cited 92×
  Private citizens who conspire with a state judge are not entitled to derivative judicial immunity and can be held liable under 42 U.S.C. § 1983, even if the judge is immune from suit.
• Fulford v. Klein
  550 F.2d 342· 5th Cir.· 1977-04-08 ·cited 90×
• State v. Zina Johnson
  814 So. 2d 390· Fla.· 2002-03-21 ·cited 89×
  The Florida Supreme Court held that while a state attorney's investigative subpoena power cannot override the notice requirement of section 395.3025 for obtaining patient medical records, the exclusionary rule should not automatically bar the State from subsequently obtaining tho
• 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
• McSURELY v. McCLELLAN
  697 F.2d 309· D.C. Cir.· 1982-12-10 ·cited 88×
  A state prosecutor is not entitled to absolute immunity for investigative or administrative actions, and summary judgment on qualified immunity is inappropriate when material facts are disputed regarding the prosecutor's knowledge of illegality.
• Briley v. State OF Cal.
  564 F.2d 849· 9th Cir.· 1977-10-19 ·cited 84×
  The court held that the statute of limitations for the § 1983 claim was tolled until the plaintiff discovered the alleged fraud, and that prosecutorial immunity did not apply if the judge lacked statutory authority for the castration order. The § 1985(3) claim was properly dismis
• Hardy W. Ryland and Alma Odessa Ryland v. Shapiro
  708 F.2d 967· 5th Cir.· 1983-07-05 ·cited 83×
  The court held that plaintiffs stated a claim under section 1983 for deprivation of their constitutional right of access to the courts and that prosecutors were not entitled to absolute immunity for actions outside their quasi-judicial role.
• Ezell Littleton v. Peyton Berbling
  468 F.2d 389· 7th Cir.· 1972-10-06 ·cited 79×
  The dissenting judge holds that federal courts lack the power to issue mandatory injunctions regulating the discretion of state court judges and prosecutors, and that state officials are immune from damage claims for acts within their official duties.
• 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.
• Ybarra v. Reno Thunderbird Mobile Home Vill.
  723 F.2d 675· 9th Cir.· 1984-01-10 ·cited 68×
  A prosecutor is absolutely immune from damages liability under 42 U.S.C. § 1983 for authorizing the release of evidence, as this is considered a quasi-judicial act within the scope of their authority. A supervisor cannot be held liable for a subordinate's constitutional deprivati
• Gray v. Griffin Bell
  712 F.2d 490· D.C. Cir.· 1983-06-21 ·cited 65×
  The court held that prosecutorial conduct before Grand Juries is advocatory and protected by absolute immunity, and that any investigative conduct antecedent to Grand Jury proceedings is protected by qualified immunity, which also bars the suit as a matter of law.
• 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.
• Fine v. The City OF NEW York
  529 F.2d 70· 2d Cir.· 1975-12-31 ·cited 62×
  The court held that public prosecutors are immune from § 1983 liability for official acts, private attorneys do not act 'under color of law' unless they engage in joint activity with state agents, and municipalities are not 'persons' under § 1983.
• Collins v. Cundy
  603 F.2d 825· 10th Cir.· 1979-08-17 ·cited 61×
  Verbal harassment and denial of mailing a letter not concerning legal matters do not state a constitutional deprivation under 42 U.S.C. § 1983, and such claims are subject to dismissal as frivolous.
• 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.
• Bruce v. Wade
  537 F.2d 850· 5th Cir.· 1976-08-27 ·cited 60×
  A prosecutor is absolutely immune from § 1983 liability for acts within the scope of his duties, but custodial officials may be liable for alleged beatings and inhumane disciplinary confinement if proven.
• Barnes v. Dorsey
  480 F.2d 1057· 8th Cir.· 1973-06-15 ·cited 58×
  The court affirmed the district court's dismissal of the plaintiff's civil rights claims against all defendants, finding no actionable deprivation of federally protected rights.
• The Off. OF the State Attorney v. Parrotino
  628 So. 2d 1097· Fla.· 1993-12-02 ·cited 56×
  The Florida Supreme Court held that state attorneys are immune from civil liability for failing to seek an injunction for protection on behalf of a domestic violence victim, even where the victim relied on assurances that the state attorney would act and suffered fatal harm as a
• DOE v. Pringle
  550 F.2d 596· 10th Cir.· 1976-11-29 ·cited 56×
• Mullinax v. E.B. McELHENNEY
  817 F.2d 711· 11th Cir.· 1987-05-26 ·cited 55×
  Prosecutors are entitled to absolute immunity for acts intimately associated with the judicial phase of the criminal process, but claims accrue when the plaintiff knows or has reason to know of the injury and the perpetrator.
• 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
• Ashelman v. Hon. Gary Pope
  793 F.2d 1072· 9th Cir.· 1986-07-08 ·cited 54×
  A conspiracy between a judge and prosecutor to predetermine the outcome of a judicial proceeding does not pierce the immunity extended to judges and prosecutors, as long as the judge's ultimate acts are judicial actions taken within the court's subject matter jurisdiction and the
• Berry v. State
  400 So. 2d 80· Fla. 4th DCA· 1981-06-03 ·cited 54×
  Barbara Ann Berry, mother and personal representative of an eight-year-old murder victim, appealed the dismissal of her negligence suit against a circuit judge, state attorney, and parole commission members for their alleged mishandling of the parolee-murderer. The court affirmed
• Sires v. Cole
  320 F.2d 877· 9th Cir.· 1963-07-17 ·cited 54×
  The court held that the district court properly dismissed the action because the defendants, including a county, a judge, and prosecuting attorneys, are immune from suit under the Civil Rights Act.
• State v. Rutherford
  707 So. 2d 1129· Fla. 4th DCA· 1997-10-15 ·cited 53×
  Florida's Fourth District Court of Appeal affirmed the suppression of medical records obtained by the State through a subpoena issued without notice to the patient. The court held that prosecutors must comply with statutory procedures requiring notice to the patient and judicial
• Sprague v. Fitzpatrick
  546 F.2d 560· 3d Cir.· 1976-12-06 ·cited 53×
• Guedry v. Honorable Leon Ford, III
  431 F.2d 660· 5th Cir.· 1970-09-09 ·cited 53×
  Judges and prosecuting attorneys are immune from civil liability under 42 U.S.C. § 1983 for actions taken within their official capacities, and a private citizen cannot be held liable for conspiring with immune officials.
• Henry v. Farmer City State Bank
  808 F.2d 1228· 7th Cir.· 1986-12-29 ·cited 52×
  The court held that the RICO claims were barred by res judicata because the plaintiffs failed to raise their fraud claims as defenses in the prior state court foreclosure proceedings. However, the court reversed the district court's injunction against state court proceedings, fin
• White v. Lackland Bloom
  621 F.2d 276· 8th Cir.· 1980-04-30 ·cited 52×
  The court held that complaints alleging § 1983 conspiracies between private parties and immune public officials must meet a special, more specific pleading standard than generally required under the Federal Rules of Civil Procedure.
• NEY v. State OF Cal.
  439 F.2d 1285· 9th Cir.· 1971-03-25 ·cited 52×