AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Defenses: Absolute Witness Immunity
A courtroom marshal
was not entitled to absolute immunity on excessive force claims by two
bail enforcement agents removed from a court room at a judge's request.
He was not performing a judicial function, and allegedly used force in
excess of what the judge commanded and the Constitution allows. He was,
however, entitled to qualified immunity from liability, since there was
then "chaos" in the court room and undisputed evidence that at
least one of the two plaintiffs was intent on disobeying the court's instructions.
It was not "beyond debate" that the marshal used an unreasonable
level of force. Brooks v. Clark County, #14-16424, 2016 U.S. App. Lexis
12510 (9th Cir.).
A man who served over 26 years on a conviction
for secod degree murder was released after a federal court determined that
falsified evidence had been introduced at his trial. The state dismissed
the charges rather than retrying the case. The man sued, claiming that
two police detectives fabricated photos of the crime scene, investigative
notes, and police reports. A federal appeals court upheld an order denying
the defendants motion for absolute witness immunity. The notes, investigative
reports, and photographs fell out of the scope of absolute immunity, and
the defendants plainly acted in an investigative capacity in producing
them. These materials were not inextricably linked to the defendants' court
testimony. Lisker v. Monsue, #13-55374, 2015 U.S. App. Lexis 4564 (9th
Cir.).
An officer was properly denied absolute immunity
on an arrestee's malicious prosecution lawsuit when the plaintiff claimed
that he knowingly falsified and omitted material facts from police reports
and lied to the prosecutor and grand jury. The claims against the officer
were not based on his grand jury testimony, but rather on the police reports,
the officer's knowledge of the falsehoods in another officer's police report,
police radio transmissions, and statements to the prosecutor. Qualified
immunity was also not available to the officer on the alleged falsification
of evidence and a related conspiracy, since if these were true, they would
constitute a violation of clearly established law. Coggins v. Buonora,
#13-4635, 2015 U.S. App. Lexis 487 (2nd Cir.).
A man who previously worked as a confidential
drug informant sued a DEA agent and city police for false drug charges
allegedly brought against him, claiming malicious prosecution, abuse of
process, and deprivation of (and conspiracy to deprive him of) his constitutional
rights on the basis of race or color. The DEA agent was entitled to absolute
immunity for his allegedly false grand jury testimony against the plaintiff.
The alleged cooperation between the DEA agent and the city police did not
support an inference that they acted for an improper motive, and no discriminatory
animus was shown. Abuse of process, malicious prosecution, and racial discrimination
claims were all rejected. Morales v. City of New York, #13-2126, 2014 U.S.
App. Lexis 9157 (2nd Cir.).
In a federal civil rights lawsuit claiming
that the chief investigator for a prosecutor's office conspired to present,
and did, in fact, present false testimony to a grand jury, the U.S. Supreme
Court ruled that the investigator was entitled to absolute witness immunity
on all claims arising from his grand jury testimony. A witness in a grand
jury proceeding is entitled to absolute immunity just as is a witness who
testifies at a trial. The Court found that there is no reason to distinguish
law enforcement witnesses from lay witnesses in civil rights actions. The
rule that a grand jury witness has absolute immunity from any civil rights
claim based on the witness’ testimony may not be circumvented by claiming
that a grand jury witness conspired to present false testimony, or by using
evidence of the witness’ testimony to support any other claim concerning
the initiation or maintenance of a prosecution. Rehberg v. Paulk, #10-788,
2012 U.S. Lexis 2711.
A man's conviction for the abduction and
sexual assault of a woman was overturned after new evidence was revealed
and a key witness recanted her testimony. On retrial, the accused was found
not guilty, and released, having served twelve years in prison. The accused
then sued a police detective, a forensic consultant, and his alleged victim.
A federal appeals court ruled that the statements of a potential witness
who had not testified at the original trial should have been disclosed
to the defense because they called into question, if not entirely discredited,
the crime victim's identification of the plaintiff as one of her attackers,
so that summary judgment was reversed on claims arising from the alleged
failure to disclose exculpatory evidence. Claims against the detective
for perjury, however, were barred by absolute witness immunity, since they
were based on his trial testimony, instead of his role as complaining witness.
Moldowan v. City of Warren, #07-2115/2116/2117, 2009 U.S. App. Lexis 17988
(6th Cir.), amended by Moldowan v. City of Warren, 2009 U.S. App. Lexis
18562 (6th Cir.).
Police detective was entitled to absolute
witness immunity for allegedly conspiring to commit perjury at arrestee's
preliminary hearing and trial Hunt v. Bennett, 17 F.3d 1263 (10th Cir.
1994).