prosecutorial-immunity

38 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-309 Kaeun Kim v. Mark Ali, et al. Third Circuit 2025-09-17 Denied Response WaivedRelisted (2) civil-rights due-process fabricated-evidence prosecutorial-immunity section-1983 state-action Whether a 42 U.S.C. § 1983 claim that state officials fabricated evidence against the petitioner accrues only upon favorable termination of criminal p…
25-226 Easton Murray v. Arizona, et al. Ninth Circuit 2025-08-27 Denied Response Waived agent-principal-doctrine constitutional-violation oath-of-office prosecutorial-immunity public-trust separation-of-powers Whether a prosecutor, as a trustee of the public trust charged with upholding the law, can be held liable for unlawful actions that violate their oath…
25-5045 Raymond Dean Ordoukhanian v. Leah Wommack Chaney, et al. Eighth Circuit 2025-07-08 Denied IFP brady-violation due-process evidence-fabrication habeas-corpus judicial-misconduct prosecutorial-immunity Whether prosecutors who intentionally alter facts and evidence with bad faith should be immune from legal consequences when exculpatory evidence is di…
24-7056 Andrew D. Anderson v. North Carolina, et al. Fourth Circuit 2025-04-22 Denied IFP article-iii first-amendment judicial-immunity prosecutorial-immunity res-judicata sovereign-immunity Whether judicial and prosecutorial immunities are consistent with Article III judicial power and constitutional due process
24-6845 David C. Lettieri v. Department of Justice, et al. Second Circuit 2025-03-25 Dismissed Response WaivedIFP case-transfer due-process false-evidence notice-clause plaintiff-amendment prosecutorial-immunity Does a plaintiff have a right to amend a case, and does a prosecutor have absolute immunity to create false evidence?
24-901 Kaeun Kim v. United States District Court for the District of New Jersey Third Circuit 2025-02-20 Denied Response WaivedRelisted (2) constitutional-limits due-process judicial-bias mandamus obstruction-of-justice prosecutorial-immunity Whether the Third Circuit erred in denying the Petition for Writ of Mandamus despite compelling evidence of judicial bias, obstruction of justice, and…
24-5796 Deandre Arnold v. Chad Chronister, Sheriff, Hillsborough County, Florida, et al. Eleventh Circuit 2024-10-22 Denied IFP constitutional-rights first-amendment fourteenth-amendment judicial-bias prosecutorial-immunity standing Whether a petitioner lacks standing to sue a Sheriff's Office for alleged First and Fourteenth Amendment rights violations and whether a conspiracy to…
23-1282 John C. Baer v. Larry Trent Roberts, et al. Third Circuit 2024-06-07 Denied Amici (3)Relisted (2) buckley-v-fitzsimmons circuit-conflict civil-rights due-process evidence-marshaling prosecutorial-immunity qualified-immunity section-1983 Whether prosecutors are always absolutely immune from 42 U.S.C. § 1983 liability for (1) post-charge acts (2) taken to marshal evidence to present at …
23-7618 Jesse A. Reynolds v. Titus County, Texas, et al. Fifth Circuit 2024-06-03 Denied Response WaivedRelisted (2)IFP civil-rights due-process equal-protection fair-housing fair-housing-act judicial-immunity prosecutorial-immunity sovereign-immunity statute-of-limitations takings Question not identified.
23A928 John C. Baer v. Larry Trent Roberts, et al. Third Circuit 2024-04-17 Presumed Complete absolute-immunity civil-rights fourteenth-amendment investigative-function prosecutorial-immunity witness-interview Whether a prosecutor's pre-trial witness interview and identification constitutes an investigative function precluding absolute prosecutorial immunity…
23-849 Louis Wayne Ratfield v. Ellen L. Cohen, et al. Eleventh Circuit 2024-02-07 Denied Response Waived 14th-amendment authority biven's-claim civil-rights constitutional-rights due-process federal-prosecution fraud prosecutorial-immunity statute-of-limitations Can each individual federal prosecutor present their written authority to prosecute?
23-649 Lisa Price, as Personal Representative of the Estate of Nickie Miller v. Montgomery County, Kentucky, et al. Sixth Circuit 2023-12-15 Denied Relisted (13) 42-usc-1983 brady-v-maryland civil-rights court-order due-process exculpatory-evidence legal-discretion prosecutorial-immunity prosecutorial-misconduct qualified-immunity section-1983 Whether absolute immunity extends to a prosecutor's knowing destruction of exculpatory evidence
23A404 Lisa Price v. Montgomery County, Kentucky, et al. Sixth Circuit 2023-11-03 Presumed Complete circuit-split court-order exculpatory-evidence judicial-process prosecutorial-immunity section-1983 Whether absolute prosecutorial immunity under 42 U.S.C. § 1983 extends to a prosecutor's knowing destruction of exculpatory evidence and defiance of a…
23-105 Joe Thorpe v. Township of Salisbury, Pennsylvania, et al. Third Circuit 2023-08-03 Denied Response Waived absolute-immunity civil-rights due-process eleventh-amendment fourteenth-amendment harris-v-harvey immunity judicial-immunity prosecutorial-immunity Did the Eastern District of Pennsylvania and the Third Circuit Court of Appeals violate the rule announced in Harris v. Harvey, 605 F.2d 330 (7th Cir.…
23-25 Michael Charles Ward v. James V. Chafin, et al. Eleventh Circuit 2023-07-07 Denied absolute-immunity appellate-procedure civil-procedure civil-rights constitutional-rights double-jeopardy due-process prosecutorial-immunity prosecutorial-misconduct section-1983 Whether the Eleventh Circuit overextended the holding of Ashcroft v. Iqbal such that § 1983 plaintiffs are unjustly deprived of an opportunity to cond…
22-1245 Brent A. Ristow v. Douglas R. Peterson, et al. Eighth Circuit 2023-06-28 Denied Response WaivedRelisted (3) administrative-law bad-faith civil-procedure civil-rights constitutional-rights due-process individual-capacity prosecutorial-immunity standing Whether state civil administrative agency staff, in prosecuting an application to their agency for a license, are acting in the character of the crimi…
22-857 Paulette H. Foster, et al. v. Michael Wearry Fifth Circuit 2023-03-08 Denied absolute-immunity buckley-v-fitzsimmons civil-rights criminal-procedure due-process functional-approach judicial-phase prosecutorial-immunity section-1983 witness-preparation Whether preparing witnesses to bolster existing evidence intended for use at the criminal trial, after probable cause has been determined, is a functi…
22-6773 Ernest Adimora-Nweke v. Steven C. McCraw, in His Official Capacity as Director of the Texas Department of Public Safety, et al. Fifth Circuit 2023-02-14 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights class-action due-process in-forma-pauperis judicial-immunity probable-cause prosecutorial-immunity standing Whether Petitioner's in forma pauperis status from state court applies post removal to Federal Court
22-632 Anthony Haworth v. City of Walla Walla, Washington, et al. Ninth Circuit 2023-01-09 Denied Response Waived 42-usc-1983 absolute-immunity brady-violation civil-rights civil-rights-act common-law ku-klux-klan-act prosecutorial-immunity qualified-immunity section-1983 Whether this Court should overrule a halfcentury of precedent that has inaccurately interpreted the intent and purpose of Section 1983 by affirming im…
22-539 Juliet Anilao, et al. v. Thomas J. Spota, III, Individually and as District Attorney of Suffolk County, New York, et al. Second Circuit 2022-12-13 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) 1983 civil-rights constitutional-violation first-amendment prosecutorial-immunity section-1983 state-action thirteenth-amendment Whether a prosecutor can be sued under 42 U.S.C. § 1983 for bringing charges that violate the First and Thirteenth Amendments
22-153 Wanda Bowling v. Lester John Dahlheimer, et al. Fifth Circuit 2022-08-18 Denied Response Waived civil-rights constitutional-violation due-process fifth-circuit gubernatorial-liability immunity-invocation judicial-immunity judicial-misconduct jurisdictional-overreach prosecutorial-immunity res-judicata standing Did the Fifth Circuit Court error by issuing a boiler plate opinion omitting any language addressing Petitioner's caselaw nullifying immunity invocati…
22-24 Vincent Gabriel v. El Paso Combined Courts, et al. Tenth Circuit 2022-07-08 Denied Response Waived amendment civil-procedure civil-rights constitutional-rights dismissal due-process judicial-immunity motion-to-dismiss prejudice prosecutorial-immunity standing Is it appropriate for a trial court to dismiss a complaint with prejudice prior to allowing an individual at least one opportunity to amend the compla…
21-8040 Dominique Brown v. Burgess McCowan, et al. Ninth Circuit 2022-06-02 Denied IFP 42-usc-1983 civil-procedure civil-rights constitutional-tort due-process prosecutorial-immunity qualified-immunity section-1983 standing state-action Can government attorneys be sued under Section 1983 for violating constitutional rights?
21-1480 James Acres v. Lester Marston, et al. California 2022-05-24 Denied Response Waived absolute-immunity california-common-law civil-litigation commercial-enterprise federal-law personal-immunity prosecutorial-immunity state-law tribal-immunity tribal-officials What personal immunities are available to tribal officials?
21-7396 Hung M. Nguyen v. Yolo County District Attorney Ninth Circuit 2022-03-17 Denied IFP civil-rights constitutional-deprivation due-process equal-protection immunity negligence policy-maker prosecutorial-immunity public-entity Does Yolo County District Attorney Office as Public Entity have any liabilities or qualify for prosecutory immunity due to negligence or reckless rela…
21-593 Priscilla Everette-Oates v. Beth Wood, et al. Fourth Circuit 2021-10-22 Denied Response Waived civil-rights civil-rights-action conspiracy due-process evidence-concealment immunity municipal-immunity municipal-liability prosecutorial-immunity section-1983 summary-judgment Can municipal defendants win summary judgment solely on the basis that one defendant has prosecutorial immunity and was otherwise deemed not liable un…
21-188 Eddison Ramsaran v. Candace Lapidus Sloane, et al. Massachusetts 2021-08-10 Denied Response Waived absolute-immunity administrative-investigation buckley-standard buckley-v-fitzsimmons evidence-fabrication fabricated-evidence medical-licensing medical-licensing-board pre-adjudicatory-investigation pre-adjudicatory-proceedings prosecutorial-function prosecutorial-immunity Whether non-attorney administrative officials are entitled to absolute immunity for fabricating evidence during a pre-adjudicatory investigation of a …
21-34 George Boutros v. Cory Hony, et al. Ninth Circuit 2021-07-12 Denied civil-rights district-attorney-immunity due-process equal-protection judicial-review prosecutorial-immunity retaliation retaliatory-prosecution standing Did the district court err in finding the district attorney absolutely immune?
20-309 John E. Reardon v. New Jersey, et al. Third Circuit 2020-09-09 Denied civil-procedure civil-rights collateral-attack common-law-mandates due-process judicial-immunity jurisdictional-challenge prosecutorial-immunity prosecutorial-misconduct standing void-proceedings Whether Judges, Prosecutors and other officials can be held liable for either Equity and/or Legal relief
19-1277 David Thorpe v. Dexter Dumas, et al. Eleventh Circuit 2020-05-12 Denied Relisted (2) 42-usc-1983 absolute-immunity administrative-acts civil-rights due-process investigative-acts probable-cause prosecutorial-immunity prosecutorial-misconduct qualified-immunity section-1983 Whether a supervising Deputy District Attorney who assigned three (4) District Attorneys over a two-year period to a case that lacked probable cause (…
19-7233 Jameice Nash v. James Kenney, et al. Third Circuit 2020-01-10 Denied Response WaivedIFP Article III-right civil-rights due-process federalism Heck-doctrine Prison Litigation Reform Act prison-litigation-reform-act prosecutorial-immunity Racially-tainted procedural-violations Sovereign state-police powers sovereign-immunity statute-of-limitations Tenth Amendment-principles Tenth Amendment-rights tenth-amendment Did the lower courts violate Petitioner's Fifth Amendment due process rights and Tenth Amendment rights
19-88 Wadith Stockinger Nader, et ux. v. City of Papillion, Nebraska, et al. Eighth Circuit 2019-07-17 Denied Response Waived absolute-immunity eighth-circuit fourth-amendment law-enforcement probable-cause prosecutorial-immunity search-and-seizure totality-of-circumstances totality-of-the-circumstances Can an unverified tip constitute probable cause for arrest?
18-1193 Brandon Lee Moon v. County of El Paso, Texas, et al. Fifth Circuit 2019-03-14 Denied Response Waived absolute-immunity brady-violation circuit-split civil-rights constitutional-rights dna-testing due-process imbler-v-pachtman judicial-proceedings post-conviction post-conviction-DNA-testing prosecutorial-immunity prosecutorial-misconduct Prosecutorial misconduct in post-conviction DNA testing
18-8308 Leonard Burton Jones v. Virginia Virginia 2019-03-06 Denied Response WaivedIFP civil-rights congressional-privileges constitutional-boundaries constitutional-law due-process in-personam judicial-immunity judicial-mechanics judicial-review privileges-and-restrictions prosecutorial-immunity separation-of-powers ultra-vires What is the Jurisprudence of the intra vires constitutional boundaries within the applied mechanics of exercising the judicial law of prosecutorial ab…
18-931 David Christopher Hesse v. Jason Kane Howell Texas 2019-01-17 Denied Response Waived 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 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 th…
18-765 James H. Brady v. New York, et al. New York 2018-12-17 Denied Response Waived civil-procedure civil-rights discretionary-action due-process fifth-amendment fourteenth-amendment immunity legal-fees obstruction-of-justice property-rights prosecutorial-immunity prosecutorial-misconduct quid-pro-quo sanctions standing takings Did the Appellate Division, First Department err in finding Respondents immune pursuant to Imbler v. Pachtman, 424 U.S. 409 (1976)?
18-6509 John Tedesco v. Monroe County, Pennsylvania, et al. Third Circuit 2018-10-30 Denied Relisted (2)IFP civil-procedure civil-rights constitutional-rights double-jeopardy due-process heck-v-humphrey prosecutorial-immunity rooker-feldman-doctrine section-1983 standing younger-abstention Did Mr. Tedesco's complaint get dismissed with prejudice?
18-440 Edward Michael Nero, et al. v. Marilyn J. Mosby Fourth Circuit 2018-10-05 Denied Response Waived absolute-immunity advocacy-function civil-procedure civil-rights due-process investigation investigatory-materials law-enforcement legal-advice probable-cause prosecutor prosecutor-investigation prosecutorial-immunity standing Whether a prosecutor is acting as an 'advocate' and is entitled to absolute immunity when the prosecutor performs an investigation and provides those …