Legal Opinion
James Elliott and Joseph Defley v. Leander H. Perez, Jr., Etc., Eugene E. Leon, Jr., Etc., and Frank Klein
Court of Appeals for the Fifth Circuit
Decided February 7, 1985No. 83-3243PublishedCited by 326 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
This case concerns the doctrines of judicial and prosecutorial immunity. The District Court, 561 F.Supp. 1325 (E.D.La.1983), dismissed the plaintiffs’ claims against a state judge and an assistant district attorney for damages resulting from their acts. We find that the absolute constitutional tort immunity accorded to some government officials requires the trial judge to demand heightened standards of pleading by plaintiffs in cases in which that doctrine is going to come into play. In cases against governmental officials involving the likely defense of immunity…
2Cases cited47 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Stump v. SparkmanSupreme Court of the United States · 1978
42 more not listed; retrieve them via the Exa API.
3Cited by326 opinions
- Leatherman v. Tarrant County Narcotics Intelligence and Coordination UnitSupreme Court of the United States · 1993
- Dino Cinel v. Harry F. Connick, Individually and as District Attorney for the Parish of Orleans, State of LouisianaCourt of Appeals for the Fifth Circuit · 1994
- Baker v. PutnalCourt of Appeals for the Fifth Circuit · 1996
- Isiah Carl Green v. Dan v. McKaskle Acting Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1986
- Eugene Terrance, as Personal Representative of the Estate of Everett L. Terrance v. Northville Regional Psychiatric HospitalCourt of Appeals for the Sixth Circuit · 2002
321 more not listed; retrieve them via the Exa API.