No. 18-931

David Christopher Hesse v. Jason Kane Howell

Lower Court: Texas
Docketed: 2019-01-17
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 abuse-of-process civil-rights civil-rights-violation color-of-law due-process false-arrest legal-procedure prosecutorial-immunity state-law-immunity texas-civil-practices-and-remedies-code wrongful-incarceration
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Are acting as a witness by swearing to facts, abusing process and committing crimes, acts that are foreign to the duties of a prosecutor? If so, is that prosecutor entitled to any immunity for those acts when they result in the wrongful attachment and incarceration of an individual?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Are acting as a witness by swearing to facts, abusing process and committing crimes, acts that are foreign to the duties of a prosecutor? If so, is that prosecutor entitled to any immunity for those acts when they result in the wrongful attachment and incarceration of an individual? 2. Can Chapter 27, Texas Civil Practices and Remedies Code (Anti-SLAPP), preclude a 42 U.S.C. § 1983 suit against a prosecutor who, during the pendency of a contempt proceeding that he did not initiate, falsely swears to facts in an Application for Writ of Attachment, resulting in the attachment and arrest of a person who was never served with the Notice to Appear? 3. When a prosecutor commits felony and misdemeanor crimes in order to cause someone’s false arrest, is that prosecutor entitled to absolute prosecutorial immunity or even to attorney immunity? 4. Can conduct by persons acting under color of state law, which is wrongful under § 1983, be immunized by state law even though the federal cause of action is being asserted in state court?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-30
DISTRIBUTED for Conference of 2/15/2019.
2019-01-22
Waiver of right of respondent Jason Kane Howell to respond filed.
2019-01-15
Petition for a writ of certiorari filed. (Response due February 19, 2019)

Attorneys

David Christopher Hesse
Leonard Thomas BradtL.T. BRADT, P.C., Petitioner
Leonard Thomas BradtL.T. BRADT, P.C., Petitioner
Jason Kane Howell
C. Scott BrumleyPotter Cnty. Atty.'s Office, Respondent
C. Scott BrumleyPotter Cnty. Atty.'s Office, Respondent