Allen Dale Price v. Dan Moody, Prosecuting Attorney, Carter County, Missouri

Allen Dale Price appeals from the district court’s dismissal of his section 1983 claim against Dan Moody, a prosecuting attorney for Carter County, Missouri. The district court ruled that Moody was entitled to absolute immunity and that Price’s complaint thus failed to state a claim upon which relief could be granted. We reverse the district court’s decision and remand for further proceedings.

On April 3, 1981, Price filed a pro se complaint pursuant to 42 U.S.C. § 1983 which alleged that Moody, while acting under color of state law, deprived him of certain federal constitutional rights.…