Legal Opinion
Penate v. Kaczmarek
Court of Appeals for the First Circuit
Decided June 26, 2019No. 18-2261PPublishedCited by 23 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
*130 This appeal presents novel questions about the scope of absolute prosecutorial and government attorney immunity from claims asserted under 42 U.S.C. § 1983 .
Appellee Rolando Penate filed this § 1983 action against seventeen defendants after the dismissal with prejudice of his 2013 Massachusetts criminal conviction for drug distribution. This appeal is from an order denying absolute immunity to one of those defendants, Anne Kaczmarek, a former Massachusetts Assistant Attorney General. Penate's complaint alleged that Kaczmarek unlawfully withheld (and worked with others to…
2Cases cited31 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Stump v. SparkmanSupreme Court of the United States · 1978
- Mireles v. WacoSupreme Court of the United States · 1991
- Butz v. EconomouSupreme Court of the United States · 1978
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3Cited by23 opinions
- Penate v. HanchettCourt of Appeals for the First Circuit · 2019
- Alex Rankins, Jr. v. City of Springfield, Hampden County District Attorney’s Office, and Springfield Massachusetts Police DepartmentDistrict Court, D. Massachusetts · 2026
- Caldwell v. CambraDistrict Court, D. Massachusetts · 2025
- Chan v. CirilliDistrict Court, D. Massachusetts · 2022
- Christine Long Bright Shingara, et al. v. Frank Garrigan, et al.District Court, M.D. Pennsylvania · 2026
18 more not listed; retrieve them via the Exa API.