Legal Opinion · Concurrence

Imbler v. Pachtman

Supreme Court of the United States

Decided March 2, 1976No. 74-5435Published

1Concurrence

Mr. Justice White,

with whom Mr. Justice Brennan and Mr. Justice Marshall join, concurring in the judgment.

I concur in the judgment of the Court and in much of its reasoning. I agree with the Court that the gravamen of the complaint in this case is that the prosecutor knowingly used perjured testimony; and that a prosecutor is absolutely immune from suit for money damages under 42 U. S. C. § 1983 for presentation of testimony later determined to have been false, where the presentation of such testimony is 'alleged to have been unjconstitutional solely because the prosecutor did not believe it…

2Cases cited29 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Monroe v. PapeSupreme Court of the United States · 1961
  4. Pierson v. RaySupreme Court of the United States · 1967
  5. Wood v. StricklandSupreme Court of the United States · 1975

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