Legal Opinion

Robert McGruder v. Albert L. Necaise, William Eugene Henry and State of Mississippi

Court of Appeals for the Fifth Circuit

Decided June 8, 1984No. 83-4570PublishedCited by 62 opinions

1Opinion of the Court

REAYLEY, Circuit Judge:

We must determine whether certain threats allegedly made by the individual defendants during the course of plaintiff’s prosecution were within the immunity extended to prosecutors and whether the State of Mississippi was entitled to its immunity under the Eleventh Amendment. The district court upheld both immunities and dismissed the complaint. We affirm.

I

According to plaintiff's allegations, which we take as true, Robert McGruder was arrested in September 1981 and charged with stealing a small amount of beer. A Mississippi grand jury later indicted him as an habitual…

2Cases cited11 opinions

  1. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  2. Imbler v. PachtmanSupreme Court of the United States · 1976
  3. Butz v. EconomouSupreme Court of the United States · 1978
  4. Alabama v. PughSupreme Court of the United States · 1978
  5. Hardy W. Ryland and Alma Odessa Ryland v. Alfred B. Shapiro, Edwin O. Ware and Edward E. Roberts, Jr.Court of Appeals for the Fifth Circuit · 1983

6 more not listed; retrieve them via the Exa API.

3Cited by62 opinions

  1. Greg Myers, Etc. v. R. Kathleen Morris, Scott County Attorney, Etc.Court of Appeals for the Eighth Circuit · 1987
  2. Mrs. Susie Lite Morrison v. City of Baton RougeCourt of Appeals for the Fifth Circuit · 1985
  3. Neeley v. Bankers Trust Co.Court of Appeals for the Fifth Circuit · 1985
  4. Geter v. FortenberryCourt of Appeals for the Fifth Circuit · 1988
  5. Patrick D. Dant v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1987

57 more not listed; retrieve them via the Exa API.

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