Absolute Immunity

Gay v. Parsons

Submitted by Re'Neisha Stevenson on Tue, 04/11/2023 - 14:32

In suit by inmate alleging state psychologists discriminated against him on basis of race and religion in preparation of reports for parole boards, court rules psychologists were not entitled to absolute judicial immunity.

Kassa v. Fulton Co., GA

Submitted by Re'Neisha Stevenson on Tue, 01/24/2023 - 10:07

Prosecutor not entitled to absolute immunity on claim that witness was arrested after trial had concluded for failure to inform judge that material witness warrant should be canceled after witness appeared voluntarily and testified; notifying judge that warrant should be cancelled involved no exercise of prosecutorial judgment or skill.

Washington v. Napolitano

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 11:45

Detective and sergeant sought and obtained arrest warrant for plaintiff and attempted to defend § 1983 claim for false arrest and malicious prosecution on grounds of absolute immunity; court rejects argument: “Long-standing precedent makes clear that swearing to an arrest warrant affidavit and executing an arrest are traditional police functions, and performing such functions at the direction of a prosecutor does not transform them into prosecutorial acts protected by absolute immunity.

Watkins v. Healy

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 01:00

Prosecutor not entitled to absolute immunity where actions occurred before probable cause hearing or arrest warrant was sought and were completely divorced from judicial phase of criminal process; prosecutor could be held liable for threatening to charge suspect with murders although prosecutor had reason to believe suspect was not involved, promising suspect immunity for testifying against plaintiff at trial, notwithstanding fact suspect said that plaintiff was not involved, assisting in interrogation of suspect, and conspiring with detective to intimidate and coerce suspect into falsely i

Rockett v. Eighmy

Submitted by Jane Clayton on Fri, 10/14/2022 - 09:44

NPAP's brief for Rockett v. Eighmy elucidates why Section 1983 suits are an important remedy for plaintiffs whose constitutional rights have been violated, and why it is especially important in cases where plaintiffs have suffered harms due to a judge's unconstitutional conduct.