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McCollum v. Garrett

Citations

  • 880 S.W.2d 530
  • 1994 WL 141010

How courts have described this case

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

  • discussing Buckley, Burns, and Imbler and holding that absolute immunity applies when the prosecutor “is acting within the scope of his authority,” regardless whether the actions “were necessarily preliminary to the initiation of a prosecution”
  • discussing Buckley, Burns, and Imbler and holding that absolute immunity applies when the prosecutor “is acting within the scope of his authority,” regardless whether the actions “were necessarily preliminary to the initiation of a prosecution”
  • absolute immunity extends to cover prosecutor acting within scope of duties imposed by law; such is a quasi-judicial function
  • prosecutors immune based on professional evaluations of evidence and preparation for its presentation at trial or to grand jury
  • “[A] pleading [should] be judged according to its substance rather than its label or form.”
  • see also Dugger v. Off 2nd, Inc., 612 S.W.2d 756, 757 (Ky. App. 1980)

Source: CourtListener parenthetical corpus (CC0).

Judges: Lambert, Leibson, Part I, Philip, Reynolds, Spain, Stephens, Stumbo, Taliaferro

Read full opinion on CourtListener

Cited by

19 cases in this archive cite this case.

Cites

35 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced 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.