John W. Vicory v. Robert R. Walton, Sheriff of Butler County and John F. Holcomb, Butler County Prosecutor

Reluctantly, I find myself unable to endorse the majority opinion, both because I feel that the doctrine of prosecutorial immunity is a sufficient and more narrow basis on which to dispose of this case and because I respectfully disagree with the majority’s conclusion that the doctrine of Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), is applicable to the facts herein. Also, I find myself in disagreement with the majority’s analysis of Parratt.

The defendant prosecutor was clearly absolutely immune under the doctrine of Im-bler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984,…