· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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