Legal Opinion
Leonard R. Milstein v. Stephen L. Cooley Robert B. Foltz Countyof Los Angeles, Opinion
Court of Appeals for the Ninth Circuit
Decided July 20, 2001No. 99-56682PublishedCited by 148 opinions
1Opinion of the Court
HUG, Circuit Judge:
I. INTRODUCTION
A criminal defense attorney accused assistant district attorneys of framing him for suborning perjury, offering false documents, and soliciting bribery. He sued under 42 U.S.C. § 1983 for due process violations and malicious prosecution. The district court dismissed his second amended complaint on the basis of absolute pros-ecutorial immunity, and this appeal followed. Because certain of the prosecutors’ acts were not done in their role as advocates, they are not shielded by absolute immunity. We affirm in part, reverse in part, and remand.
II. BACKGROUND
We…
2Cases cited16 opinions
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Buckley v. FitzsimmonsSupreme Court of the United States · 1993
- Forrester v. WhiteSupreme Court of the United States · 1988
- Burns v. ReedSupreme Court of the United States · 1991
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3Cited by148 opinions
- Broam v. BoganCourt of Appeals for the Ninth Circuit · 2003
- Broam v. BoganCourt of Appeals for the Ninth Circuit · 2003
- Cousin v. SmallCourt of Appeals for the Fifth Circuit · 2003
- Genzler v. LonganbachCourt of Appeals for the Ninth Circuit · 2005
- Rene Botello v. Richard Gammick John Helzer Washoe CountyCourt of Appeals for the Ninth Circuit · 2005
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