Legal Opinion

Franklin v. Terr

Court of Appeals for the Ninth Circuit

Decided February 2, 2000No. 98-16843PublishedCited by 25 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

A witness has absolute immunity from liability for civil damages under § 1983 for giving perjured testimony at trial. See Briscoe v. LaHue, 460 U.S. 325, 326, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983). In this case of first impression, we must decide whether a witness also has absolute immunity from liability for civil damages under § 1983 for conspiring to present her own and another -witness’s perjured testimony at trial. The district court held that a witness has such immunity. See Franklin v. Terr, No. C-97-2443 CRB, 1998 WL 230983, at *1 (N.D.Cal. Apr.30, 1998). We…

2Cases cited16 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. Hafer v. MeloSupreme Court of the United States · 1991
  3. Butz v. EconomouSupreme Court of the United States · 1978
  4. Briscoe v. LaHueSupreme Court of the United States · 1983
  5. Valerie Watterson v. Eileen PageCourt of Appeals for the First Circuit · 1993

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

3Cited by25 opinions

  1. Shannon Paine v. City of Lompoc, and Daniel P. Ast Individually and as Opinion a Peace Officer Timothy E. Tietjen, Indivdually and as a Peace OfficerCourt of Appeals for the Ninth Circuit · 2001
  2. Tritz v. United States Postal ServiceCourt of Appeals for the Ninth Circuit · 2013
  3. Franklin v. TerrCourt of Appeals for the Ninth Circuit · 2000
  4. Schwarm v. CraigheadDistrict Court, E.D. California · 2008
  5. Pritikin v. Department Of EnergyCourt of Appeals for the Ninth Circuit · 2001

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

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