Legal Opinion

Juan A. Marrero and Maria Marrero v. City of Hialeah, Etc.

Court of Appeals for the Fifth Circuit

Decided August 4, 1980No. 78-2391PublishedCited by 251 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

Juan and Maria Marrero appeal from the district court’s dismissal, for failure to state a claim upon which relief can be granted, of their suit against the City of Hialeah, Florida, and two state prosecutors for alleged violations of their civil rights. Their appeal presents three questions relating to suits brought pursuant to 42 U.S.C. § 1983 (1976). 1 We are asked to decide: (a) wheth er a state prosecutor is absolutely immune from liability for damages under § 1983 when he engages in unlawful conduct outside his quasi-judicial roles of initiating and conducting…

2Cases cited62 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  4. Scheuer v. RhodesSupreme Court of the United States · 1974
  5. Imbler v. PachtmanSupreme Court of the United States · 1976

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3Cited by251 opinions

  1. Buckley v. FitzsimmonsSupreme Court of the United States · 1993
  2. John Russell Webster, Cross-Appellants v. The City of Houston, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1984
  3. Thomas B. Fullman v. Charles GraddickCourt of Appeals for the Eleventh Circuit · 1984
  4. Josiah Haynesworth and Fred Hancock v. Frank P. Miller, Chief, Law Enforcement Section, Office of the Corporation Counsel, (Two Cases)Court of Appeals for the D.C. Circuit · 1987
  5. Richard L. Windsor v. The TennesseanCourt of Appeals for the Sixth Circuit · 1984

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