Legal Opinion
Johnson v. Lally
New Mexico Court of Appeals
Decided October 12, 1994No. 14960PublishedCited by 10 opinions
1Opinion of the Court
OPINION
BOSSON, Judge.
Plaintiff sues under 42 U.S.C. Section 1988 (1988) (Civil Rights Act), for violation of his civil rights by Defendant, an assistant district attorney, who allegedly initiated criminal proceedings against him maliciously and without cause. Because of absolute prosecutorial immunity, Defendant cannot be sued for monetary damages. See Burns v. Reed, 500 U.S. 478, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991). Instead, Plaintiff seeks a declaratory judgment, which is not precluded by prosecutorial immunity, declaring that his civil rights were violated by Defendant’s past conduct.…
2Cases cited25 opinions
- Imbler v. PachtmanSupreme Court of the United States · 1976
- City of Los Angeles v. LyonsSupreme Court of the United States · 1983
- Roe v. WadeSupreme Court of the United States · 1973
- Steffel v. ThompsonSupreme Court of the United States · 1974
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
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3Cited by10 opinions
- Johnson v. WeastNew Mexico Court of Appeals · 1997
- Kennedy v. Dexter Consolidated SchoolsNew Mexico Court of Appeals · 1998
- State v. GarciaNew Mexico Court of Appeals · 2002
- Williams v. Foremost InsuranceDistrict Court, D. New Mexico · 2015
- Benavidez v. State of New MexicoDistrict Court, D. New Mexico · 2022
5 more not listed; retrieve them via the Exa API.