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· 5/19/2015

Gerardo Hernandez AKA Gary Hernandez v. State

How courts have described this case

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

  • explaining that prosecutors have absolute immunity for their role as advocates
  • holding dismissal without permitting amendment was not an abuse of discretion where plaintiff “did not file a written motion for leave to amend” and “failed to let the district court know just how he intended to fix his complaint”
  • affirming a district court’s denial of amendment because, among other reasons, the plaintiff “did not file a written motion for leave to amend”
  • affirming dismissal of plaintiff’s § 1983 claims under Rule 12(b)(6) based on absolute prosecutorial immunity
  • “Determining whether a complaint contains enough well- pleaded facts sufficient to state a claim is a context-specific task…. If, in the end, a plaintiff's well- pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint fails to state a claim.”
  • “[p]rosecutors are entitled to absolute immunity” for anything they do in their roles as advocates, including their “decisions to prosecute.”

Source: CourtListener parenthetical corpus (CC0).

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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.