prosecutorial-immunity

38 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-309 Kaeun Kim v. Mark Ali, et al. Third Circuit 2025-09-17 Denied Response WaivedRelisted (2) civil-rights due-process fabricated-evidence prosecutorial-immunity section-1983 state-action 1. Whether a 42 U.S.C. § 1983 claim that state officials fabricated evidence against the petitioner accrues only upon favorable termination of the cri…
25-226 Easton Murray v. Arizona, et al. Ninth Circuit 2025-08-27 Denied Response Waived agent-principal-doctrine constitutional-violation oath-of-office prosecutorial-immunity public-trust separation-of-powers 1. IS A PROSECUTOR, AS A TRUSTEE OF THE PUBLIC TRUST, AND CHARGED WITH THE DUTY TO UPHOLD THE LAW, IMMUNE FROM LIABILITY WHEN THEY BREAK THE LAW THEY …
25-5045 Raymond Dean Ordoukhanian v. Leah Wommack Chaney, et al. Eighth Circuit 2025-07-08 Denied IFP brady-violation due-process evidence-fabrication habeas-corpus judicial-misconduct prosecutorial-immunity 1. Whether the importance to the public of this issue, does the word " cannot " still retain its meaning, when it is on record, the "altering" of "f…
24-7056 Andrew D. Anderson v. North Carolina, et al. Fourth Circuit 2025-04-22 Denied IFP article-iii first-amendment judicial-immunity prosecutorial-immunity res-judicata sovereign-immunity As applied in petitioner's case, are the applications of judicial and prosecutorial immunities consistent and compliant with Art. III. Sec. 2. "The ju…
24-6845 David C. Lettieri v. Department of Justice, et al. Second Circuit 2025-03-25 Dismissed Response WaivedIFP case-transfer due-process false-evidence notice-clause plaintiff-amendment prosecutorial-immunity 1. Does a plaintiff have a right to amend? 2. Does a prosecuter have absolute immunityyto create false evidence? 3. Does failure for mail to be made…
24-901 Kaeun Kim v. United States District Court for the District of New Jersey Third Circuit 2025-02-20 Denied Response WaivedRelisted (2) constitutional-limits due-process judicial-bias mandamus obstruction-of-justice prosecutorial-immunity 1. Whether the Third Circuit erred in denying the Petition for Writ of Mandamus despite compelling evidence of judicial bias, obstruction of justice, …
24-5796 Deandre Arnold v. Chad Chronister, Sheriff, Hillsborough County, Florida, et al. Eleventh Circuit 2024-10-22 Denied IFP constitutional-rights first-amendment fourteenth-amendment judicial-bias prosecutorial-immunity standing Whether Petitioner lack's standing to sue a Sheriff's Office or its employees under Linda R.S. for the alleged violation of a First Amendment right to…
23-1282 John C. Baer v. Larry Trent Roberts, et al. Third Circuit 2024-06-07 Denied Amici (3)Relisted (2) buckley-v-fitzsimmons circuit-conflict civil-rights due-process evidence-marshaling prosecutorial-immunity qualified-immunity section-1983 1. Whether prosecutors are always absolutely immune from 42 U.S.C. § 1983 liability for (1) post-charge acts (2) taken to marshal evidence to present …
23-7618 Jesse A. Reynolds v. Titus County, Texas, et al. Fifth Circuit 2024-06-03 Denied Response WaivedRelisted (2)IFP civil-rights due-process equal-protection fair-housing fair-housing-act judicial-immunity prosecutorial-immunity sovereign-immunity statute-of-limitations takings 1. Is the Statute of Limitations tolled for being considered under the age of 18 or of unsound mind, because of fraud; relevant to the opinion of the …
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.
23-849 Louis Wayne Ratfield v. Ellen L. Cohen, et al. Eleventh Circuit 2024-02-07 Denied Response Waived 14th-amendment authority biven's-claim civil-rights constitutional-rights due-process federal-prosecution fraud prosecutorial-immunity statute-of-limitations 1. Can each individual of the three federal prosecutors, to ensure that their government branch recognizes the limits of its own power by presenting…
23-649 Lisa Price, as Personal Representative of the Estate of Nickie Miller v. Montgomery County, Kentucky, et al. Sixth Circuit 2023-12-15 Denied Relisted (13) 42-usc-1983 brady-v-maryland civil-rights court-order due-process exculpatory-evidence legal-discretion prosecutorial-immunity prosecutorial-misconduct qualified-immunity section-1983 Nickie Miller was wrongly incarcerated for two years for a murder he did not commit. The charges were based on a coerced confession from a woman who l…
23A404 Lisa Price v. Montgomery County, Kentucky, et al. Sixth Circuit 2023-11-03 Presumed Complete circuit-split court-order exculpatory-evidence judicial-process prosecutorial-immunity section-1983 Question not identified.
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.…
23-25 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…
22-1245 Brent A. Ristow v. Douglas R. Peterson, et al. Eighth Circuit 2023-06-28 Denied Response WaivedRelisted (3) administrative-law bad-faith civil-procedure civil-rights constitutional-rights due-process individual-capacity prosecutorial-immunity standing Whether state civil administrative agency staff, in prosecuting an application to their agency for a license, are acting in the character of the crimi…
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,…
22-6773 Ernest Adimora-Nweke v. Steven C. McCraw, in His Official Capacity as Director of the Texas Department of Public Safety, et al. Fifth Circuit 2023-02-14 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights class-action due-process in-forma-pauperis judicial-immunity probable-cause prosecutorial-immunity standing (1) Whether Petitioner's in forma pauperis status from state court applies post removal to Federal Court. (2) Whether Petitioner's appeal was in good…
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…
22-539 Juliet Anilao, et al. v. Thomas J. Spota, III, Individually and as District Attorney of Suffolk County, New York, et al. Second Circuit 2022-12-13 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) 1983 civil-rights constitutional-violation first-amendment prosecutorial-immunity section-1983 state-action thirteenth-amendment 1. Whether a plaintiff can defeat a prosecutor's absolute immunity from suit under 42 U.S.C. § 1983 by demonstrating that the prosecutor lacked any co…
22-153 Wanda Bowling v. Lester John Dahlheimer, et al. Fifth Circuit 2022-08-18 Denied Response Waived civil-rights constitutional-violation due-process fifth-circuit gubernatorial-liability immunity-invocation judicial-immunity judicial-misconduct jurisdictional-overreach prosecutorial-immunity res-judicata standing 1. Did the Fifth Circuit Court error by issuing a boiler plate opinion omitting any language addressing Petitioner's caselaw nullifying immunity invoc…
22-24 Vincent Gabriel v. El Paso Combined Courts, et al. Tenth Circuit 2022-07-08 Denied Response Waived amendment civil-procedure civil-rights constitutional-rights dismissal due-process judicial-immunity motion-to-dismiss prejudice prosecutorial-immunity standing 1) Is it appropriate for a trial court to dismiss a complaint with prejudice prior to allowing an individual at least one opportunity to amend the com…
21-8040 Dominique Brown v. Burgess McCowan, et al. Ninth Circuit 2022-06-02 Denied IFP 42-usc-1983 civil-procedure civil-rights constitutional-tort due-process prosecutorial-immunity qualified-immunity section-1983 standing state-action 1. Can Court-appointed attorney's be sued under Statite 1983 clain when they violate or deprive an person of thier constitutional rights" 2. Are prose…
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…
21-7396 Hung M. Nguyen v. Yolo County District Attorney Ninth Circuit 2022-03-17 Denied IFP civil-rights constitutional-deprivation due-process equal-protection immunity negligence policy-maker prosecutorial-immunity public-entity Does Yolo County District Attorney Office as Public Entity have any liabilities or qualify for prosecutory immunity due to negligence or reckless rela…
21-593 Priscilla Everette-Oates v. Beth Wood, et al. Fourth Circuit 2021-10-22 Denied Response Waived civil-rights civil-rights-action conspiracy due-process evidence-concealment immunity municipal-immunity municipal-liability prosecutorial-immunity section-1983 summary-judgment In a claim alleging conspiracy to conceal evidence against a public official who was falsely charged with embezzlement, can multiple municipal defenda…
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 …
21-34 George Boutros v. Cory Hony, et al. Ninth Circuit 2021-07-12 Denied civil-rights district-attorney-immunity due-process equal-protection judicial-review prosecutorial-immunity retaliation retaliatory-prosecution standing In California Butte County, District Attorney, Michael Ramsey, perceived the petitioner to be Mentally ill, discriminated against the petitioner, deni…
20-309 John E. Reardon v. New Jersey, et al. Third Circuit 2020-09-09 Denied civil-procedure civil-rights collateral-attack common-law-mandates due-process judicial-immunity jurisdictional-challenge prosecutorial-immunity prosecutorial-misconduct standing void-proceedings Whether Judges, Prosecutors and other officials can be held liable for either Equity and/or Legal relief for any of the following reasons. 1. Their a…
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…
19-7233 Jameice Nash v. James Kenney, et al. Third Circuit 2020-01-10 Denied Response WaivedIFP Article III-right civil-rights due-process federalism Heck-doctrine Prison Litigation Reform Act prison-litigation-reform-act prosecutorial-immunity Racially-tainted procedural-violations Sovereign state-police powers sovereign-immunity statute-of-limitations Tenth Amendment-principles Tenth Amendment-rights tenth-amendment i. Procedurally, did the lower courts violate Petitioner's Fifth Amendment Due Process rights and Tenth Amendment rights by adhering to procedures/ su…
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…
18-8308 Leonard Burton Jones v. Virginia Virginia 2019-03-06 Denied Response WaivedIFP civil-rights congressional-privileges constitutional-boundaries constitutional-law due-process in-personam judicial-immunity judicial-mechanics judicial-review privileges-and-restrictions prosecutorial-immunity separation-of-powers ultra-vires What is the Jurisprudence of the intra vires constitutional bounderies within the applied mechanics of exercising the judicial law of prosecutorial ab…
18-931 David Christopher Hesse v. Jason Kane Howell Texas 2019-01-17 Denied Response Waived 42-usc-1983 abuse-of-process civil-rights civil-rights-violation color-of-law due-process false-arrest legal-procedure prosecutorial-immunity state-law-immunity texas-civil-practices-and-remedies-code wrongful-incarceration 1. Are acting as a witness by swearing to facts, abusing process and committing crimes, acts that are foreign to the duties of a prosecutor? If so, is…
18-765 James H. Brady v. New York, et al. New York 2018-12-17 Denied Response Waived civil-procedure civil-rights discretionary-action due-process fifth-amendment fourteenth-amendment immunity legal-fees obstruction-of-justice property-rights prosecutorial-immunity prosecutorial-misconduct quid-pro-quo sanctions standing takings As the New York State Attorney General and Manhattan District Attorney were not acting as advocates for the people when they permitted Petitioner's co…
18-6509 John Tedesco v. Monroe County, Pennsylvania, et al. Third Circuit 2018-10-30 Denied Relisted (2)IFP civil-procedure civil-rights constitutional-rights double-jeopardy due-process heck-v-humphrey prosecutorial-immunity rooker-feldman-doctrine section-1983 standing younger-abstention (1ST QUESTION ) MR TEDESCO'S COMPLAINT WAS DISMISSED WITH PREJUDICE AN IN IT'S ENTIRETY. (2ND QUESTION) PLAINTIFF'S MOTION FOR LEAVE TO AMEND WAS DIS…
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 …