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· 6/23/2005

Rene Botello v. Richard Gammick John Helzer Washoe County

Citations

  • 413 F.3d 971
  • 23 I.E.R. Cas. (BNA) 232
  • 2005 U.S. App. LEXIS 12122
  • 2005 WL 1475387

How courts have described this case

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

  • holding that absolute immunity does not extend to \dictating to [new employer] how future criminal investigations should be conducted and staffed\
  • noting that a prosecutor has absolute immunity for decisions to prosecute or not prosecute a particular case
  • noting that the Ninth Circuit has held that, under Nevada law, principal district attorneys are final policymakers for the municipality with respect to the conduct of criminal prosecutions
  • “[I]t is well established that a prosecutor has absolute immunity for the decision to 12 prosecute a particular case[.]”
  • prosecutor not entitled to absolute immunity for 1 capacity. Stump v. Sparkman, 435 U.S. 349, 362 (1978
  • \immunity does not attach to all actions taken by a prosecutor merely by virtue of title ... not to actions better described as administrative or investigative.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Noonan, Thomas, Fisher

Read full opinion on CourtListener

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.