· 8/12/1986
Kenneth O. Ashelman v. Hon. Gary Pope, Judge Division I, Mohave County Superior Court Mohave County Attorney's Office
Citations
- 793 F.2d 1072
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that judges and prosecutors are immune 3 from liability for damages under section 1983
- concluding that prosecutors are not immune when acting outside their quasi-judicial role, such as conspiring to unlawfully arrest a defendant
- holding that when a prosecutor 27 acts within her authority “‘in initiating a prosecution and in presenting the state’s case,’ 28 absolute immunity applies.”
- holding that even improper communication between a 23 judge and prosecutor “does not pierce the immunity extended to judges and prosecutors”
- providing that judges are immune from damages liability for acts performed in their official capacities
- finding that although immunity did not extend to 3 prospective injunctive relief, plaintiff’s claim for such relief was no longer available because 4 plaintiff’s criminal proceedings were over
Source: CourtListener parenthetical corpus (CC0).
Judges: Browning, Anderson, Skopil, Schroeder, Farris, Alar-Con, Poole, Nelson, Beezer, Hall, Wiggins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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