Lloyd Dela Cruz v. Kauai County Melvin K. Soong, Prosecuting Attorney for the County of Kauai

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 was not entitled to absolute immunity for swearing to facts in support of a bail revocation motion
• holding that a prosecutor was “not entitled to absolute prosecutorial immunity for his conduct in swearing to facts in support of the bail 22 revocation motion”
• holding that 23 plaintiff had “not met his burden of proving that the right allegedly violated here was 24 ‘clearly established’” because “[u]nfortunately for [plaintiff], he has not cited any case that 25 establishes such a right, nor is it self-evident”
• “Immunity determinations . . . rest on ‘the 12 nature of the functions performed, not the identity of the actor who performed it.”
• no prosecutorial immunity for swearing to facts in support of motion to revoke bail
• “It is also true that, in this circuit, a person who functions as a witness in an adversarial proceeding to revoke a defendant’s bail is to be accorded absolute immunity for her testimony, even if the witness’s testimony is provided by way of affidavit.” (citation omitted

Source: CourtListener parenthetical corpus (CC0).