Lampton v. Diaz

JERRY E. SMITH, Circuit Judge:

In Imbler v. Pachtman, 424 U.S. 409, 430, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976), the Court held that prosecutors retain common-law immunity from suit for all actions “intimately associated with the judicial phase of the criminal process.” This appeal raises the issue of whether that absolute immunity extends to a prosecutor’s post-trial transfer of private federal tax records to a state ethics commission. Concluding that it does not, we affirm the denial of a motion to dismiss.

I

Between 2003 and 2006, Dunnica Lamp-ton, the U.S. Attorney for the Southern District of…