No. 25-1058

Samuel A. Cox v. Brian D. Thie, Individually and as Benewah County Prosecutor, et al.

Lower Court: Ninth Circuit
Docketed: 2026-03-06
Status: Pending
Type: Paid
Tags: Buckley-Fitzsimmons Franks-materiality-analysis functional-analysis Kalina-Fletcher prosecutorial-immunity warrant-affidavit
Latest Conference: N/A
Question Presented (from Petition)

1. Whether the Franks v. Delaware requirement that courts conduct a materiality analysis upon a substantial preliminary showing that the affiant deliberately or recklessly omitted material facts from a warrant affidavit must be applied when the affiant is a prosecutor claiming absolute immunity.

2. Whether a court may grant absolute prosecutorial immunity without conducting the functional analysis required by Buckley v. Fitzsimmons and Kalina v. Fletcher to determine whether the prosecutor's conduct in certifying facts under oath, while deliberately or recklessly withholding material information, constituted an advocacy function or a witness function.

Question Presented (AI Summary)

Whether lower courts may grant absolute prosecutorial immunity without conducting the Franks v. Delaware materiality analysis and the functional analysis required by Buckley v. Fitzsimmons and Kalina v. Fletcher to determine whether a prosecutor's conduct in certifying facts under oath while withholding material information constituted an advocacy or witness function

Docket Entries

2026-03-04
Petition for a writ of certiorari filed. (Response due April 6, 2026)

Attorneys

Samuel A. Cox
Chris Alan MontgomeryMontgomery Law Firm, Petitioner