absolute-immunity

38 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-572 James Stuart Faller, II v. Department of Justice, et al. Sixth Circuit 2025-11-13 Denied Response Waived absolute-immunity due-process equal-protection judicial-bias pro-se-litigant qualified-immunity 1. Whether persistent and categorical judicial bias and procedural disregard toward pro se litigants, resulting in dismissal despite detailed factual …
25A83 Jonathan Voorhis v. Cindy Digangi, et al. Third Circuit 2025-07-21 Presumed Complete absolute-immunity child-protective-services civil-rights due-process fabricated-evidence investigative-misconduct 1. This case is about whether absolute immunity shields Child Protective Service (CPS) Workers from allegations of fabrication of evidence within an i…
24-6851 Irving A. Harned, Jr. v. Office of the Clerk, Superior Court of Fulton County, Georgia, et al. Eleventh Circuit 2025-03-25 Denied IFP absolute-immunity court-order georgia-law interested-parties judicial-immunity legal-jurisdiction Can Georgia law grant "ABSOLUTE IMMUNITY " ( i.e., a judges immunity ) to any party other than a judge WITHOUT A COURT ORDER?
24-5912 David C. Lettieri v. Paul E. Bonanno, et al. Second Circuit 2024-11-05 Denied IFP absolute-immunity case-assignment due-process judicial-function jurisdictional-challenge prosecutorial-misconduct 1. Is absolute immunity a right? 2. Can abuse of process be dismissed by an immunity defense? 3. Can procutors and judges create fabricated evidence…
24-5174 Michael D. Carver v. City of Kalamazoo, Michigan, et al. Sixth Circuit 2024-07-30 Denied IFP absolute-immunity fabricated-evidence false-arrest fourth-amendment franks-doctrine investigative-conduct malicious-prosecution probable-cause qualified-immunity Whether Franks applies to material omissions, and assuming that the customary practice of lower courts that apply that rule is correct: a. Whether pro…
23A928 John C. Baer v. Larry Trent Roberts, et al. Third Circuit 2024-04-17 Presumed Complete absolute-immunity civil-rights fourteenth-amendment investigative-function prosecutorial-immunity witness-interview Question not identified.
23-6327 Noel Garcia v. Philadelphia District Attorney's Office, et al. Third Circuit 2023-12-22 Denied IFP absolute-immunity civil-rights constitutional-restrictions due-process false-arrest freedom-of-movement judicial-proceeding probable-cause unlawful-arrest DID THE UNITED STATES DISTRICT COURT AND THE COURT OF APPEALS FOR THE THIRD CIRCUIT OF PENNSYLVANIA ERRED IN DETERMINING DEFENDANTS ARE ENTITLED TO AB…
23-5282 Clarence Leonard Hearns, Jr. v. Andrew Whisnand, et al. Ninth Circuit 2023-08-04 Denied IFP absolute-immunity access-to-courts civil-procedure civil-rights criminal-conspiracy due-process first-amendment standing state-attorney-general 1. WHETHER A STATE DEPUTY ATTORNEY GENERAL HAS ABSOLUTE IMMUNITY FROM SUIT FOR INITIATING CRIMINAL CONSPIRACY? 2. WHETHER ALL ACTORS IN A CRIMINAL CO…
23-105 Joe Thorpe v. Township of Salisbury, Pennsylvania, et al. Third Circuit 2023-08-03 Denied Response Waived absolute-immunity civil-rights due-process eleventh-amendment fourteenth-amendment harris-v-harvey immunity judicial-immunity prosecutorial-immunity Did the Eastern District of Pennsylvania and the Third Circuit Court of Appeals violate the rule announced in Harris v. Harvey. 605 F.2d 330 (7th Cir.…
23-58 Robert Chagolla, et ux. v. Bryan Cluff, Maricopa County Sheriff's Office, et al. Ninth Circuit 2023-07-21 Denied absolute-immunity civil-rights civil-tort constitutional-rights due-process false-reporting government-collusion government-misconduct immunity statute-of-limitations Whether absolute immunity shields government employees who report false information/omit exculpatory information in the investigation stage as well as…
23-25 Michael Charles Ward v. James V. Chafin, et al. Eleventh Circuit 2023-07-07 Denied absolute-immunity appellate-procedure civil-procedure civil-rights constitutional-rights double-jeopardy due-process prosecutorial-immunity prosecutorial-misconduct section-1983 In 2010, Petitioner Charlie Ward was convicted of aggravated stalking and sentenced to 10 years in prison. The prosecutors who obtained that convictio…
22-857 Paulette H. Foster, et al. v. Michael Wearry Fifth Circuit 2023-03-08 Denied absolute-immunity buckley-v-fitzsimmons civil-rights criminal-procedure due-process functional-approach judicial-phase prosecutorial-immunity section-1983 witness-preparation After Respondent's murder conviction was reversed because the prosecution had failed to disclose evidence bearing on the credibility of its witnesses,…
22-811 John E. Reardon v. New Jersey, et al. Third Circuit 2023-02-28 Denied Response Waived 42-U.S.C.-§1983 42-usc-1983 absolute-immunity civil-procedure civil-rights civil-rights-violations constitutional-rights due-process judicial-immunity judicial-misconduct jurisdictional-challenge standing Are Judges Liable for Equity, Prospective and/or Legal relief when they Usurped, Lacked, or Lost their Jurisdiction, Discretion or Violated Common, Ca…
22-632 Anthony Haworth v. City of Walla Walla, Washington, et al. Ninth Circuit 2023-01-09 Denied Response Waived 42-usc-1983 absolute-immunity brady-violation civil-rights civil-rights-act common-law ku-klux-klan-act prosecutorial-immunity qualified-immunity section-1983 1. Whether this Court should overrule a halfcentury of precedent that has inaccurately interpreted the intent and purpose of Section 1983 by affirming…
22-302 Brent Ristow v. Amanda Cunningham Minnesota 2022-09-28 Denied absolute-immunity adversarial-proceeding civil-rights defamation ex-parte free-speech government-communication private-citizen Whether a private citizen who has submitted allegedly defamatory statements, to the government, ex parte, outside of any adversarial proceeding, about…
22-215 Heslin Gallagher v. Financial Industry Regulatory Authority, Inc. Eleventh Circuit 2022-09-09 Denied Response Waived 7th-amendment absolute-immunity civil-procedure civil-rights due-process jury-trial quasi-governmental-immunity securities-exchange-commission self-regulatory-organization seventh-amendment standing 1. Whether clarification is needed to resolve the conflicts among the various circuits when a Self-Regulatory Organization registered with the Securit…
21-1480 James Acres v. Lester Marston, et al. California 2022-05-24 Denied Response Waived absolute-immunity california-common-law civil-litigation commercial-enterprise federal-law personal-immunity prosecutorial-immunity state-law tribal-immunity tribal-officials In Lewis v. Clarke 137 S.Ct. 1285 (201 7) this Court explained tribal officials sued in their personal capacities could avail themselves of personal i…
21-1255 Acres Bonusing, Inc., et al. v. Lester John Marston, et al. Ninth Circuit 2022-03-16 Denied absolute-immunity administrative-conduct circuit-split conspiratorial-conduct court-employees functional-approach judicial-immunity ministerial-conduct In Forrester v. White, 484 U.S. 219, 227 (1988) this Court explained an absolute immunity is "justified and defined by the functions it protects and s…
21-6756 Tracy Clare Micks-Harm v. William Paul Nichols, et al. Sixth Circuit 2022-01-04 Denied Response WaivedIFP absolute-immunity administrative-function civil-rights constitutional-rights HIPAA hipaa-immunity judicial-immunity proprietary-functions qualified-immunity retaliation search-and-seizure third-party-doctrine I. Does iralice, retaliation, deliberate indifference to the constitutional rights, acts committed within the scope of administrative function, acts c…
21-891 Benjamin Wey, et al. v. NASDAQ, Inc., et al. New York 2021-12-15 Denied Response Waived absolute-immunity commercial-interests false-reporting federal-law-enforcement nasdaq-conduct non-existent-rule regulatory-function regulatory-functions securities-rule self-regulatory-organization self-regulatory-organizations Under federal common law, Nasdaq and other self regulatory organizations (SRO's) enjoy absolute immunity from suit when exercising their regulatory fu…
21-6047 Fortuno Jeanfort v. Florida Atlantic University Board of Trustees, aka Florida Atlantic University Florida 2021-10-21 Denied Response WaivedIFP absolute-immunity civil-procedure civil-rights constitutional-guarantees due-process pleading-standards public-official standing tort-liability IntraDistrict courts all across the State have confused absolute immunity to State Universities themselves, versus the personal liability of (actual) …
21-188 Eddison Ramsaran v. Candace Lapidus Sloane, et al. Massachusetts 2021-08-10 Denied Response Waived absolute-immunity administrative-investigation buckley-standard buckley-v-fitzsimmons evidence-fabrication fabricated-evidence medical-licensing medical-licensing-board pre-adjudicatory-investigation pre-adjudicatory-proceedings prosecutorial-function prosecutorial-immunity In this case, the Petitioner, Eddison Ramsaran, M.D., alleges that during an investigation into his medical practice, certain non-attorney members of …
20-1811 Jackie Chagolla, Parent on Behalf of B. C. and P. C. v. Liz Vullo, et al. Ninth Circuit 2021-06-28 Denied Response Waived absolute-immunity constitutional-rights due-process exculpatory-information false-information government-employees investigation-stage spending-clause Whether absolute immunity shields government employees who report false information/omit exculpatory information in the investigation stage as well as…
20-1806 Kim R. Helper v. Patrick H. Stockdale, et al. Sixth Circuit 2021-06-25 Denied absolute-immunity civil-rights first-amendment giglio-disclosure giglio-v-united-states law-enforcement qualified-immunity retaliation Did the Sixth Circuit err in denying Helper absolute immunity for communicating to the officers' employer her decision regarding them under Giglio v. …
20-1632 Patrick H. Stockdale, et al. v. Kim R. Helper Sixth Circuit 2021-05-24 Denied absolute-immunity clearly-established constitutional-rights first-amendment petition-clause public-employee qualified-immunity retaliation 1. Whether the decisional law regarding retaliation under the Petition Clause of the First Amendment was clearly established to place a public officia…
19-1430 Richard Polidi v. Michelle K. Lee, et al. Federal Circuit 2020-06-26 Denied Response WaivedRelisted (2) absolute-immunity brady-v-maryland civil-procedure civil-rights constitutional-rights due-process ethics-prosecution exculpatory-evidence federal-circuit-jurisdiction fifth-amendment immunity qualified-immunity standing subject-matter-jurisdiction Whether the Fifth Amendment to the United States Constitution provides a legal or declaratory remedy, consistent with Bivens v. Six Unknown Named Agen…
19-1277 David Thorpe v. Dexter Dumas, et al. Eleventh Circuit 2020-05-12 Denied Relisted (2) 42-usc-1983 absolute-immunity administrative-acts civil-rights due-process investigative-acts probable-cause prosecutorial-immunity prosecutorial-misconduct qualified-immunity section-1983 Question 1. Whether a supervising Deputy District Attorney who assigned three (4) District Attorneys over a two-year period to a case that lacked prob…
19-7782 Stephen Mayer v. United States Eleventh Circuit 2020-02-26 Denied Response WaivedIFP absolute-immunity contempt-of-court-18-usc-401 contempt-proceedings criminal-procedure criminal-procedure-42-a-2 federal-jurisdiction federal-jurisdiction-28-usc-1331 federal-rules-of-criminal-procedure government-misconduct immunity judicial-immunity statutory-interpretation I. WHETHER THE ELEVENTH CIRCUIT'S OPINION DECLINING JURISDICTION OVER CONTEMPT PROCEEDINGS UNDER 18 U.S.C. §401, VIOLATES FEDERAL RULES OF CRIMINAL P…
19-6981 Vladik Bykov v. Steven G. Rosen, et al. Ninth Circuit 2019-12-18 Denied Response WaivedIFP 42-usc-1983 absolute-immunity ada-title-ii americans-with-disabilities-act civil-procedure civil-rights compensatory-damages declaratory-relief discriminatory-motive Does Title II of the Americans with Disabilities A section-1983 standing #1. Is absolute immunity a bar to declaratory relief under 42 U.S.C. § 1983? #2. Does Title II of the Americans with Disabilities Act require a plain…
19-559 John E. Reardon v. Noel Hillman, et al. Third Circuit 2019-10-29 Denied absolute-immunity administrative-acts civil-procedure civil-rights due-process judicial-immunity notice notice-and-hearing notice-of-hearing right-to-be-heard standing standing-order void-judgment 1. Contrary to all 12 circuits, Is the court's failure to set aside a Void judgment that is due to the failure to give prior notice and right to be he…
19-88 Wadith Stockinger Nader, et ux. v. City of Papillion, Nebraska, et al. Eighth Circuit 2019-07-17 Denied Response Waived absolute-immunity eighth-circuit fourth-amendment law-enforcement probable-cause prosecutorial-immunity search-and-seizure totality-of-circumstances totality-of-the-circumstances 1. Can an unverified tip which was the basis for a lawful search, and which was disproved during the course of the lawful search, by itself constitute…
18-1193 Brandon Lee Moon v. County of El Paso, Texas, et al. Fifth Circuit 2019-03-14 Denied Response Waived absolute-immunity brady-violation circuit-split civil-rights constitutional-rights dna-testing due-process imbler-v-pachtman judicial-proceedings post-conviction post-conviction-DNA-testing prosecutorial-immunity prosecutorial-misconduct Whether absolute immunity shields a prosecutor's unconstitutional handling of post-conviction DNA testing under Imbler v. Pachtman, 424 U.S. 409 (1976…
18-8283 Terry A. Burlison v. Pam Angus, Individually and in Her Official Capacity as a Marion County, Florida Court Deputy Clerk Eleventh Circuit 2019-03-05 Denied IFP 42-usc-1983 absolute-immunity civil-rights clearly-established-law due-process immunity official-liability pre-seizure-conduct property-loss property-rights section-1983 seizure Under 42 U.S.C. 1983 when a public official violates clearly established law though her pre-seizure conduct and the conduct caused the loss of propert…
18-7541 Adrian G. Rangel v. Tippecanoe County, Indiana, et al. Seventh Circuit 2019-01-24 Denied Response WaivedIFP absolute-immunity appeals civil-procedure civil-rights complaint court-of-appeals dismissal due-process federal-court federal-trial-court immunity jurisdiction legal-error standing Did the United States Court of Appeals for the Seventh and the Hammond Indiana Federal Trial Court err in dismissing Petitioner's Complaint based sole…
18-440 Edward Michael Nero, et al. v. Marilyn J. Mosby Fourth Circuit 2018-10-05 Denied Response Waived 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 Whether a prosecutor is acting as an "advocate" and is entitled to absolute immunity when the prosecutor performs an investigation and provides those …
18-5583 Stephen Brian Turner v. Melody Smith, et al. Ninth Circuit 2018-08-14 Denied Response WaivedIFP 14th-amendment absolute-immunity civil-rights due-process fourteenth-amendment immunity judicial-review parole parole-conditions quasi-judicial-role right-to-marry standing 1. Whether, despite federal laws stemming from the Fourteenth Amendment which grant prisoners the right to marry, it is constitutionally permissible t…
18-5316 Susan Wells Vaughan v. Jennifer Vaughan, et al. North Carolina 2018-07-23 Denied Response WaivedRelisted (2)IFP absolute-immunity child-neglect child-neglect-cases-recusal due-process ex-parte ex-parte-initiations judicial-recusal prosecutorial-misconduct subject-matter-jurisdiction troxel-v-granville Whether a judge who regularly participates in unlawful ex parte initiations of child neglect cases should recuse herself from hearing a challenge to t…
18-5154 Edward Vincent Ray, Jr. v. Jamilah A. Jefferson, et al. Ninth Circuit 2018-07-06 Denied IFP 42-usc-1983 absolute-immunity civil-rights due-process fraud-on-court fraud-on-the-court ninth-circuit standing statute-of-limitations 1. whether Respondentcs), a "(ivil Attorney" employed by the City of Oakland, CA., whom Petitioner alleges Committed Fraud on the Court, and Petitoner…