Legal Opinion
Rudolph L. Lucien v. Barbara A. Preiner
Court of Appeals for the Seventh Circuit
Decided July 14, 1992No. 90-3794PublishedCited by 70 opinions
1Per curiam
This case presents the novel question of whether absolute immunity shields prosecutors from liability under 42 U.S.C. § 1983 for statements they make in an executive clemency proceeding. We conclude that it does.
In 1980, Rudolph Lucien was convicted of armed robbery and three counts of armed violence in the Circuit Court of DuPage County. In 1989, Lucien filed an application for executive clemency with the Illinois Prisoner Review Board (PRB). Pursuant to statute, the PRB notified the DuPage County State’s Attorney of Lucien’s pending application. Ill.Rev.Stat. ch. 38, para. 1003-3-13(b)…
2Cases cited6 opinions
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Burns v. ReedSupreme Court of the United States · 1991
- Steve Rodgers v. Lincoln Towing Service, Inc.Court of Appeals for the Seventh Circuit · 1985
- Daniel Johnson v. Joe Kegans and John HolmesCourt of Appeals for the Fifth Circuit · 1989
- Jimmy Henderson v. Sophia Lopez, Individually and as Assistant State's Attorney of Cook County, IllinoisCourt of Appeals for the Seventh Circuit · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Brown v. California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2009
- Pinaud v. County of SuffolkCourt of Appeals for the Second Circuit · 1995
- Hart v. HodgesCourt of Appeals for the Eleventh Circuit · 2009
- Charles Kyle v. Morton High School, District 201, Margaret A. Kelly, Judy ThompsonCourt of Appeals for the Seventh Circuit · 1998
- Michael L. Davis v. John ZirkelbachCourt of Appeals for the Seventh Circuit · 1998
65 more not listed; retrieve them via the Exa API.