Prosecutorial Immunity

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

• Bette Bonn Ledwith and Evelyn Parker v. Douglas
  568 F.2d 117· 8th Cir.· 1978-01-17 ·cited 6×
  The court held that appellants' civil rights claims were barred by prosecutorial immunity, abstention doctrines, and failure to allege class-based animus.
• Bennett v. Allen
  396 F.2d 788· 9th Cir.· 1968-06-12 ·cited 6×
  The court held that the complaint, seeking to invalidate a state conviction and restrain incarceration, should have been treated as a petition for a writ of habeas corpus, not a civil rights action.
• James v. Earl
  364 F.2d 666· D.C. Cir.· 1966-08-16 ·cited 6×
  The court denied the petition for rehearing en banc, meaning the panel's decision stands.
• Gabbard v. Rose
  359 F.2d 182· 6th Cir.· 1966-04-20 ·cited 6×
  Judicial and prosecutorial immunity protect judges and county attorneys from civil rights claims for actions taken within their jurisdiction, and police officers are not liable for honest misunderstandings of law during an arrest.
• Connor v. Halifax Hosp. Med. Ctr.
  135 F. Supp. 2d 1198· M.D. Fla.· 2001-03-05 ·cited 5×
  The court adopted the Magistrate Judge's Report and Recommendation, granting most motions to dismiss except for the fifth count against Halifax Medical Center Foundation, Inc., and granting plaintiffs leave to amend their complaint.
• Hamill v. Wright
  870 F.2d 1032· 5th Cir.· 1989-04-26 ·cited 5×
  The court affirmed the dismissal of the plaintiff's Section 1983 claims, finding he lacked standing for injunctive relief and that defendants were immune or had no duty to appoint counsel, but modified the dismissal of pendent state law claims to be without prejudice.
• 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
• Lucien v. Preiner
  967 F.2d 1166· 7th Cir.· 1992-07-14 ·cited 4×
  Prosecutors are absolutely immune from liability under 42 U.S.C. § 1983 for statements made in executive clemency proceedings.
• Smith v. Moffett
  947 F.2d 442· 10th Cir.· 1991-10-16 ·cited 4×
  The court held that federal courts should defer to tribal courts to determine jurisdiction over claims arising on reservations, even if the tribal case has not yet been filed.
• Young v. Biggers
  938 F.2d 565· 5th Cir.· 1991-07-26 ·cited 4×
  The court held that claims against certain defendants were barred by immunity, while claims against police officers for alleged framing could proceed if specific facts were proven.
• Richard E. Pfeiffer, M.D. v. Hartford Fire Ins. Co.
  929 F.2d 1484· 10th Cir.· 1991-04-05 ·cited 4×
  The court held that state attorneys are absolutely immune from liability for actions intimately associated with the judicial process, including initiating and pursuing disciplinary proceedings and plea-bargaining-like offers, but not for wrongful dissemination of information to t
• Leshurn Hunt v. Jaglowski
  926 F.2d 689· 7th Cir.· 1991-03-07 ·cited 4×
  The court held that the Assistant State's Attorney was entitled to prosecutorial immunity for his actions in reviewing and approving charges after the plaintiff had confessed.
• Fields v. Soloff
  920 F.2d 1114· 2d Cir.· 1990-12-11 ·cited 4×
  The court held that state officials are immune from suit under 42 U.S.C. § 1983 for actions taken in their judicial or prosecutorial capacities, even if those actions were erroneous or exceeded authority, as long as they did not act in the clear absence of all jurisdiction.
• Tanner v. Heise
  879 F.2d 572· 9th Cir.· 1989-06-27 ·cited 4×
  The arresting officers complied with state law and did not conspire to violate Tanner's constitutional rights by arresting him.
• Allen v. Carroll R. Lowder
  875 F.2d 82· 4th Cir.· 1989-05-23 ·cited 4×
  The court held that supervisory officials Johnson and Rice were entitled to qualified immunity and reversed the denial of their summary judgment motion, while Lowder was not entitled to absolute immunity and the denial of his motion was affirmed.
• Gale A. Rachuy v. Murphy Motor Freight Lines, Inc.
  663 F.2d 57· 8th Cir.· 1981-11-06 ·cited 4×
  The court held that the district court did not err in dismissing the complaint, as it failed to state a claim under 42 U.S.C. §§ 1983 and 1985.
• Gilbert v. Honorable James S. Corcoran
  530 F.2d 820· 8th Cir.· 1976-03-03 ·cited 4×
  Dismissal of the civil rights action against the judge, prosecutor, and public defenders was proper.
• Carter v. Chief OF Police
  437 F.2d 413· 3d Cir.· 1971-01-27 ·cited 4×
  The court held that the pro se civil complaint failed to state a cause of action under the Civil Rights Act against the named defendants and that the denial of a statutory 3-judge court was proper.
• Berg v. Casimir Cwiklinski and Charles J. O'Connor
  416 F.2d 929· 7th Cir.· 1969-07-30 ·cited 4×
  Judicial and prosecutorial immunity shield defendants from liability for actions taken within their official capacities, even if erroneous.
• Rindley v. Gallagher
  890 F. Supp. 1540· S.D. Fla.· 1995-06-21 ·cited 3×
  The court held that the Board Member defendants are entitled to absolute quasi-judicial immunity and qualified immunity for their actions, except for Defendant Bliss. The court also found that the plaintiff has standing to bring claims for selective enforcement and that the statu
• McARDLE v. Tronetti
  961 F.2d 1083· 3d Cir.· 1992-04-17 ·cited 3×
  Defendants are immune from Section 1983 liability for false diagnosis, false testimony, and conspiracy related to involuntary commitment proceedings, but not for the act of filing the commitment petition itself. However, the plaintiff failed to plead essential elements for his ma
• Hooshang Kadivar, M.D. v. Stone
  804 F.2d 635· 11th Cir.· 1986-11-19 ·cited 3×
  The court held that the district court erred in dismissing Dr. Kadivar's complaint against the state attorneys and Lawrence on grounds of absolute immunity, and erred in dismissing the complaint against Spooner for failure to plead facts supporting conspiracy.
• Cyber Zone E-Cafe, Inc. v. King
  782 F. Supp. 2d 1331· M.D. Fla.· 2011-03-22 ·cited 2×
  The court granted the State Attorney's motion to dismiss, finding that prosecutorial immunity, Eleventh Amendment immunity, qualified immunity, and Younger abstention barred the claims against him.
• Bryant v. Mostert
  636 F. Supp. 2d 1303· M.D. Fla.· 2009-07-07 ·cited 2×
  The court held that the plaintiff's claims were barred by the statute of limitations and that the defendant prosecutor was entitled to absolute immunity, while the defendant officers were entitled to qualified immunity.
• Bobby Watts, M.D. v. John H. Burkhart, M.D.
  978 F.2d 269· 6th Cir.· 1992-10-28 ·cited 2×
  The dissent argues that qualified immunity, not absolute judicial immunity, is the appropriate standard for state medical licensing boards under Section 1983.
• 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.
• Harrington v. Almy
  977 F.2d 37· 1st Cir.· 1992-10-16 ·cited 2×
  The court held that the summary judgment record was insufficient to determine as a matter of law whether a constitutional right was violated or if the official's actions were objectively reasonable.
• Snelling v. Westhoff
  972 F.2d 199· 8th Cir.· 1992-08-03 ·cited 2×
  The court held that the district court properly dismissed the civil rights claims based on prosecutorial and witness immunity, and that the remaining claims were conclusory or lacked factual support. The denial of sanctions was also affirmed.
• Christopher C. DAY, Ph.D. v. Moscow
  955 F.2d 807· 2d Cir.· 1992-01-24 ·cited 2×
  The court held that claims against defendants other than Moscow were barred by res judicata and that the arrest/search claims against Moscow were barred by the statute of limitations, as tolling provisions did not apply to federal § 1983 actions.
• Price v. Rochford
  947 F.2d 829· 7th Cir.· 1991-11-08 ·cited 2×
  11 U.S.C. § 362(h) creates a cause of action that can be enforced after bankruptcy proceedings have terminated, but summary judgment was appropriate for most defendants due to lack of evidence of willful violation.
• Karl Easton, M.D. v. Sundram
  947 F.2d 1011· 2d Cir.· 1991-10-18 ·cited 2×
  The court held that the plaintiff failed to state a claim for First Amendment retaliation and malicious prosecution, and that defendants were entitled to qualified immunity on the liberty interest claim.
• Nicholas v. Celia
  918 F.2d 1017· 1st Cir.· 1990-11-16 ·cited 2×
  Prosecutors are absolutely immune from suit for actions taken in their quasi-judicial capacity, including initiating prosecution and presenting evidence to a grand jury, even if those actions are alleged to be misconduct.
• Young v. Biggers
  917 F.2d 873· 5th Cir.· 1990-11-06 ·cited 2×
• Oatess v. Sobolevitch
  914 F.2d 428· 3d Cir.· 1990-09-19 ·cited 2×
  A district court may dismiss an in forma pauperis complaint for failure to state a claim prior to service of process.
• Ehrlich v. Giuliani
  910 F.2d 1220· 4th Cir.· 1990-08-08 ·cited 2×
  Prosecutors are entitled to absolute immunity for actions taken in furtherance of their prosecutorial duties, including locating and preserving assets for forfeiture, even if they inadvertently injure an innocent third party.
• King v. Goldsmith
  897 F.2d 885· 7th Cir.· 1990-03-12 ·cited 2×
  A criminal conviction does not bar a civil rights suit against law enforcement officers if the conviction was procured by fraud.
• Pachaly v. City OF Lynchburg
  897 F.2d 723· 4th Cir.· 1990-03-02 ·cited 2×
  The court held that a jury could reasonably find that the search exceeded the warrant's scope and that the prosecutor may not be entitled to absolute immunity if investigating crimes beyond the indictment.
• Shoultes v. Laidlaw
  886 F.2d 114· 6th Cir.· 1989-09-18 ·cited 2×
  The court held that a federal habeas petition must be dismissed if it contains any unexhausted claims, and that local legislators, city attorneys, and judges are shielded by absolute immunity for actions taken within their official capacities.
• Schlegel v. Bebout
  831 F.2d 881· 9th Cir.· 1987-11-03 ·cited 2×
  The dissent argues the court misperceived the line between absolute and qualified immunity by not recognizing the Public Utilities Commission's prosecutorial duties.
• Dant v. Dist. OF Columbia
  829 F.2d 69· D.C. Cir.· 1987-09-11 ·cited 2×
  Congress, by approving the WMATA Compact, foreclosed judicial remedies against WMATA for torts committed in its police functions, but not for negligent operation/maintenance or abuse of process. Arresting officers are immune if probable cause exists, and prosecutors have absolute
• Morris v. Cnty. OF Tehama
  795 F.2d 791· 9th Cir.· 1986-07-28 ·cited 2×
  The court held that prosecutorial and judicial immunity barred claims against certain defendants, and state court judgments had preclusive effect, but reversed dismissal for Officer Carlton due to unresolved immunity issues.
• Billingsley v. Judge Harold A. Kyser
  691 F.2d 388· 8th Cir.· 1982-10-20 ·cited 2×
  Judicial and prosecutorial immunity bars claims against a judge and prosecutor for amending a sentence, even if done without proper jurisdiction.
• Lucien v. Roegner
  682 F.2d 625· 7th Cir.· 1982-06-15 ·cited 2×
  The court held that a frivolous claim cannot be bolstered by subjective good faith to entitle a party to pauper status on appeal.
• Seltzer v. Ashcroft
  675 F.2d 184· 8th Cir.· 1982-04-07 ·cited 2×
  The court held that the district court should stay the civil rights action pending the outcome of the plaintiff's criminal appeal and consider issues of prosecutorial immunity.
• Garnet Vinson v. Richmond Police Dept.
  567 F.2d 263· 4th Cir.· 1977-12-12 ·cited 2×
  The court affirmed the dismissal of the § 1983 action against the named defendants because neither the Police Department nor the Commonwealth Attorney are proper defendants under § 1983, and any claims against individual officers would be time-barred.
• State of Fla. ex rel. Lillian Ruthie Bateman v. Hon. Robert J. O'Toole
  203 So. 2d 527· Fla. 4th DCA· 1967-11-08 ·cited 2×
  This case involves an appeal challenging the validation of revenue bonds issued by the Dade County Port Authority for facilities to be used exclusively by National Airlines, Inc.
• Trevino v. Andrews
  2009 WL 804528· M.D. Fla.· 2023-12-05 ·cited 1×
  The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted, as his challenge to Florida's DNA testing statute was foreclosed by binding precedent.
• Henry v. Bank of Am. N.A.
  371 So. 3d 386· Fla. 5th DCA· 2022-12-22 ·cited 1×
  Judges are entitled to absolute judicial immunity for filing bar complaints related to cases before them; Florida Bar staff acting in official capacities enjoy absolute immunity as agents of the Florida Supreme Court; and claims against a probation officer were time-barred.
• Swope v. Krischer
  783 So. 2d 1164· Fla. 4th DCA· 2001-04-18 ·cited 1×
  Rick Swope, a former law enforcement officer turned expert witness consultant, sued the Palm Beach County State Attorney and two assistant prosecutors for false arrest and civil rights violations after they investigated a discrepancy in his university credentials and prosecuted h
• 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.