Imbler v. Pachtman
Imbler v. Pachtman | |
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Holding | |
A state prosecuting attorney who acts 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. | |
Court membership | |
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Case opinions | |
Majority | Powell, joined by Burger, Stewart, Blackmun, Rehnquist |
Concurrence | White, joined by Brennan, Marshall |
Stevens took no part in the consideration or decision of the case. |
Imbler v. Pachtman, 424 U.S. 409 (1976), was a United States
Supreme Court case in which district attorneys or prosecutors were found to have full immunity from civil suits resulting from their government duties.[1]
Imbler, a defendant in a murder trial, had been convicted and sentenced when the district attorney, Pachtman, revealed new evidence that he said had recently surfaced and which
prosecutorial immunity
, a finding which the Supreme Court affirmed.
See also
References
External links
- Works related to Imbler v. Pachtman at Wikisource
- Text of Imbler v. Pachtman, 424 U.S. 409 (1976) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
- Brummet, D. (1979) Chi.-Kent L. Rev. Section 1983, Immunity, and the Public Defender: The Misapplication of Imbler v. Pachtman.