Legal Opinion
Lynn Lerwill and Penny Lerwill v. Gary James Joslin
Court of Appeals for the Tenth Circuit
Decided July 11, 1983No. 81-1708PublishedCited by 73 opinions
1Opinion of the Court
McKAY, Circuit Judge.
The issue in this case is whether a city attorney, authorized under local law to file only criminal charges based on violations of city ordinances, is absolutely immune from a section 1983 suit for damages arising out of his (a) initiation of a prosecution for violations of state laws he was not authorized to invoke, (b) procurement of an arrest warrant from a Justice of the Peace who did not follow required State procedure in issuing the warrant, and (c) advocacy of excessive bail before a magistrate.
I
Lynn and Penny Lerwill allegedly assaulted an animal control officer…
2Cases cited18 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Stump v. SparkmanSupreme Court of the United States · 1978
13 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Kenneth O. Ashelman v. Hon. Gary Pope, Judge Division I, Mohave County Superior Court Mohave County Attorney's OfficeCourt of Appeals for the Ninth Circuit · 1986
- Greg Myers, Etc. v. R. Kathleen Morris, Scott County Attorney, Etc.Court of Appeals for the Eighth Circuit · 1987
- Schrob v. CattersonCourt of Appeals for the Third Circuit · 1991
- Sheldon Barr v. Robert Abrams, Orestes J. Mihaly, Mark A. Tepper, Rebecca Mullane, William Bottiglieri, and Janey Renee O'COnnOrCourt of Appeals for the Second Circuit · 1987
- Snell v. TunnellCourt of Appeals for the Tenth Circuit · 1990
68 more not listed; retrieve them via the Exa API.