Legal Opinion
Patterson v. Von Riesen
Court of Appeals for the Eighth Circuit
Decided July 23, 1993No. 92-3422PublishedCited by 49 opinions
1Opinion of the Court
MAGILL, Circuit Judge.
This appeal comes from an order of the district court dismissing appellant’s 42 U.S.C. § 1983 claims pursuant to Fed.R.Civ.P. 12(b)(6). We affirm, as we conclude that the prosecuting attorneys, members of the Nebraska Parole Board, and the prison wardens are absolutely immune from damages on Patterson’s wrongful conviction claims.
I. BACKGROUND
Lee Wayne Patterson was convicted on or about November 18, 1980, of conspiracy to commit murder, a crime for which he was neither charged nor indicted. This surprising result occurred because of an incorrect jury instruction: At the…
2Cases cited42 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Malley v. BriggsSupreme Court of the United States · 1986
- Pembaur v. City of CincinnatiSupreme Court of the United States · 1986
37 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Charlene Bush, Wife John Bush, Husband v. David Rauch D. Brad Campbell, Individually and OfficiallyCourt of Appeals for the Sixth Circuit · 1994
- Kohl v. CassonCourt of Appeals for the Eighth Circuit · 1993
- Mayorga v. MissouriCourt of Appeals for the Eighth Circuit · 2006
- Everett B. Robinson v. Bobby Freeze, Deputy Sheriff, Little River CountyCourt of Appeals for the Eighth Circuit · 1994
- Nicole Figg v. Duane Russell Mary Lou Jorgensen Robert Hofer Brent Walker Brenda Hyde J. Does, 1-10Court of Appeals for the Eighth Circuit · 2006
44 more not listed; retrieve them via the Exa API.