Legal Opinion
Daniel Johnson v. Joe Kegans and John Holmes
Court of Appeals for the Fifth Circuit
Decided April 24, 1989No. 87-2352PublishedCited by 90 opinions
1Opinion of the Court
GARWOOD, Circuit Judge:
The issue in this case is whether the district court erred in dismissing as frivolous pursuant to 28 U.S.C. § 1915(d) an in forma pauperis action by a state prisoner seeking damages from and injunctive relief against a county prosecutor and a state court judge under 42 U.S.C. § 1983. We hold that the judge and prosecutor are absolutely immune from liability for damages and that the allegations for injunctive relief are insufficient. We therefore affirm.
Facts and Proceedings Below
Plaintiff-appellant Daniel Johnson (Johnson) is an inmate of the Texas Department of…
2Cases cited48 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Kentucky v. GrahamSupreme Court of the United States · 1985
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Stump v. SparkmanSupreme Court of the United States · 1978
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3Cited by90 opinions
- Johnson v. RodriguezCourt of Appeals for the Fifth Circuit · 1997
- Brown v. California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2009
- Taggart v. StateWashington Supreme Court · 1992
- Pinaud v. County of SuffolkCourt of Appeals for the Second Circuit · 1995
- Turner v. Houma Municipal Fire & Police Civil Service BoardCourt of Appeals for the Fifth Circuit · 2000
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