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· 7/20/2000

Felicia Anderson, as Special Administrator of the Estate of Wayne Anderson, Deceased v. Kevin Simon

Citations

  • 217 F.3d 472

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that prosecutor’s decision to delay bringing charges so that additional evidence could be gathered was prosecutorial, not investigative, action
  • finding that when deciding a motion to dismiss, \a district court may take judicial notice of matters of public record\
  • prosecutor’s refusal to charge arrestee while awaiting further evidence was prosecutorial decision, and, therefore, prosecutor is entitled to absolute immunity
  • prosecutor’s refusal to charge arrestee while awaiting further evidence was a prosecutorial, not investigative, function; therefore, prosecutor is entitled to absolute immunity
  • if a prosecutor's function is judicial or quasi-judicial, she is entitled to absolute immunity but administrative or investigatory functions only warrant qualified immunity
  • “[D]istrict court may take judicial notice of matters of public record without converting the 12(b)(6) motion into a motion for summary judgment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Coffey, Kanne

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.