Legal Opinion

Randall Curtis v. Brian Bembenek

Court of Appeals for the Seventh Circuit

Decided February 23, 1995No. 92-3434PublishedCited by 98 opinions

1Opinion of the Court

COFFEY, Circuit Judge.

In this appeal from the dismissal of a civil rights suit brought by a prisoner, the principal question before us is whether a police officer who gives allegedly perjurious testimony during a preliminary hearing and a pretrial suppression hearing is entitled to absolute witness immunity from liability under 42 U.S.C. § 1983 for damages caused by his testimony. We believe that a police officer who testifies in court at these adversarial pretrial hearings is absolutely immune from § 1983 liability, and we affirm.

BACKGROUND

Although the details of this case are sketchy, the…

2Cases cited29 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Heck v. HumphreySupreme Court of the United States · 1994
  3. Albright v. OliverSupreme Court of the United States · 1994
  4. Malley v. BriggsSupreme Court of the United States · 1986
  5. Briscoe v. LaHueSupreme Court of the United States · 1983

24 more not listed; retrieve them via the Exa API.

3Cited by98 opinions

  1. Rehberg v. PaulkSupreme Court of the United States · 2012
  2. Harris v. RoderickCourt of Appeals for the Ninth Circuit · 1997
  3. Jeffrey Reed v. City of Chicago, a Municipal Corporation, John Griffin, Detective, W. Murphy, DetectiveCourt of Appeals for the Seventh Circuit · 1996
  4. Maria De Lourdes Torres v. Police Officer JonesNew York Court of Appeals · 2016
  5. Robert Simpson v. Tim RowanCourt of Appeals for the Seventh Circuit · 1995

93 more not listed; retrieve them via the Exa API.

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