Legal Opinion

Francisco J. Rivera v. Stephen A. Leal

Court of Appeals for the Eleventh Circuit

Decided February 11, 2004No. 03-11046PublishedCited by 59 opinions

1Opinion of the Court

BLACK, Circuit Judge:

We are called upon to determine whether a prosecutor is absolutely immune to suits for money damages under 42 U.S.C. § 1983, where the prosecutor obtained the driver’s license records of a wrongly-arrested person and one other, erroneously concluded the second person was actually the wanted party, and shared that (un-sworn) opinion with a state judge during a court proceeding. We conclude the prosecutor is absolutely immune.

I. BACKGROUND

The issue in this case is whether the prosecutor can meet his burden under Federal Rule of Civil Procedure 12(b)(6) by showing that…

2Cases cited8 opinions

  1. Imbler v. PachtmanSupreme Court of the United States · 1976
  2. Buckley v. FitzsimmonsSupreme Court of the United States · 1993
  3. Forrester v. WhiteSupreme Court of the United States · 1988
  4. Burns v. ReedSupreme Court of the United States · 1991
  5. Kalina v. FletcherSupreme Court of the United States · 1997

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3Cited by59 opinions

  1. Al-Kidd v. AshcroftCourt of Appeals for the Ninth Circuit · 2009
  2. Chilcoat v. San Juan CountyCourt of Appeals for the Tenth Circuit · 2022
  3. Adams v. HansonCourt of Appeals for the Sixth Circuit · 2011
  4. Powers v. City of FergusonDistrict Court, E.D. Missouri · 2017
  5. Willie C. Smith v. Mary Anne BelleCourt of Appeals for the Eleventh Circuit · 2009

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

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