· 2/11/2004
Francisco J. Rivera v. Stephen A. Leal
Citations
- 359 F.3d 1350
- 63 Fed. R. Serv. 684
- 2004 U.S. App. LEXIS 2258
- 2004 WL 243270
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a prosecutor is entitled to absolute immunity for all actions performed within the scope of his or her role as a government advocate
- holding that unsworn and inaccurate statements were shielded by absolute immunity even though the prosecutor was careless to share inaccurate information without checking further
- explaining that prosecutors are entitled to absolute immunity for their acts or omissions taken in the course of initiating a prosecution
- discussing that “[t]he prosecutorial function includes the initiation and pursuit of criminal prosecution,” which falls within prosecutorial immunity
- explaining that “[a] prosecutor is entitled to absolute immunity for all actions he takes while performing his function as an advocate for the government[,]” including initiation and pursuit of criminal prosecution
- finding abso- lute immunity because, inter alia, “there is no indication that Leal was try- ing to establish probable cause to arrest Appellant. In fact, the purpose of the hearing was to establish whether [another individual] was innocent.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Anderson, Black, Nangle
Read full opinion on CourtListenerSourced 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.