American Injustice - Lying Judges and Lawyers

Prosecutor's Immunity
IMBLER
vs.
PACHTMAN, DISTRICT ATTORNEY
No. 74-5435.
SUPREME COURT OF THE UNITED STATES
424 U.S. 409, 96 S. Ct. 984, 47 L. Ed. 2d 128
March 2, 1976
SYLLABUS

Petitioner, convicted of murder, unsuccessfully petitioned for state habeas corpus on the basis of respondent prosecuting attorney's revelation of newly discovered evidence, and charged that respondent had knowingly used false testimony and suppressed material evidence at petitioner's trial. Petitioner thereafter filed a federal habeas corpus petition based on the same allegations, and ultimately obtained his release. He then brought an action against respondent and others under 42 U.S.C. § 1983, seeking damages for loss of liberty allegedly caused by unlawful prosecution, but the District Court held that respondent was immune from liability under § 1983, and the Court of Appeals affirmed. Held: A state prosecuting attorney who, as here, acted within the scope of his duties in initiating and pursuing a criminal prosecution and in presenting the State's case, is absolutely immune from a civil suit for damages under § 1983 for alleged deprivations of the accused's constitutional rights. Pp. 417-431.
(a) Section 1983 is to be read in