No. 18-440

Edward Michael Nero, et al. v. Marilyn J. Mosby

Lower Court: Fourth Circuit
Docketed: 2018-10-05
Status: Denied
Type: Paid
Response Waived
Tags: absolute-immunity advocacy-function civil-procedure civil-rights due-process investigation investigatory-materials law-enforcement legal-advice probable-cause prosecutor prosecutor-investigation prosecutorial-immunity standing
Latest Conference: 2018-11-09
Question Presented (from Petition)

Whether a prosecutor is acting as an "advocate"
and is entitled to absolute immunity when the
prosecutor performs an investigation and provides
those investigatory materials to a law enforcement
officer.

Whether a prosecutor is entitled to absolute
immunity when the prosecutor provides legal advice,
including legal advice as to the existence of probable
cause, to a law enforcement officer.

Question Presented (AI Summary)

Whether a prosecutor is acting as an 'advocate' and is entitled to absolute immunity when the prosecutor performs an investigation and provides those investigatory materials to a law enforcement officer

Docket Entries

2018-11-13
Petition DENIED.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-12
Waiver of right of respondent Marilyn Mosby to respond filed.
2018-10-04
Petition for a writ of certiorari filed. (Response due November 5, 2018)
2018-07-31
Application (18A101) granted by The Chief Justice extending the time to file until October 4, 2018.
2018-07-26
Application (18A101) to extend the time to file a petition for a writ of certiorari from August 5, 2018 to October 4, 2018, submitted to The Chief Justice.

Attorneys

Edward Michael Nero, et al.
Catherine FlynnTHE LAW FIRM OF CATHERINE FLYNN, Petitioner
Marilyn Mosby
Karl Aram PothierOffice of the Maryland Attorney General, Respondent