Case law · Highest court · Federal

Imbler v. Pachtman

Decided
March 2, 1976
Docket
74-5435
Status
Published
Jurisdiction
Federal

Cited 7,274 timesNo negative treatment found in this library

What later courts said

  • holding that state prosecutor had absolute immunity for initiation and pursuit of criminal prosecutions, including presentation of case at trial — Olsen v. Idaho State Board Of Medicine (2004)
  • holding that prosecutors are absolutely immune for activities “intimately associated with the judicial process” such as initiating and pursuing a criminal prosecution — Ficken v. Golden (2010)
  • concluding that prosecutors are entitled to same absolute immunity from § 1983 actions as they were afforded under common law — Loigman v. TP. COMMITTEE OF MIDDLETOWN (2006)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

Me. Justice Powell delivered the opinion of the Court.

The question presented in this case is whether a state prosecuting attorney who acted within the scope of his duties in initiating and pursuing a criminal prosecution is amenable to suit under 42 U. S. C. § 1983 for alleged deprivations of the defendant's constitutional rights. The Court of Appeals for the Ninth Circuit held that he is not. 500 F. 2d 1301. We affirm.

I

Statutes cited

Cite this

Imbler v. Pachtman, 424 U.S. 409 (1976)

Read the full opinion

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