Opinion

Miller v. Meyer

  • 644 F. App'x 506
Court
Court of Appeals for the Sixth Circuit
Filed
Mar 21, 2016
Status
Published
Author
Merritt
On the bench
Cole, Griffin, Merritt
Cited by
1 cases
Authority
More cited than 14.0%

“In the interest of judicial economy . . . a party must file timely objections [to a magistrate’s order] with the district court to avoid waiving appellate review.” (alterations in original

How later courts described this case

  • “In the interest of judicial economy . . . a party must file timely objections [to a magistrate’s order] with the district court to avoid waiving appellate review.” (alterations in original

Written by the judges who cited it.

The opinion

MERRITT, Circuit Judge,

concurring.

In Rehberg v. Paulk, — U.S. -, 132 S.Ct. 1497, 1503-1505 , 182 L.Ed.2d 593 (2012), actions by “prosecutors in their role as advocates” are normally immune from liability, as is the testimony of trial and grand jury witnesses “with respect to any claim based on the witness’s testimony.” Plaintiffs’ malicious prosecution claims must fail against the prosecutor for asking the grand jury for the indictment on grounds of immunity. The same is true for the main complaining witness whose information was used to obtain the indictment. The indictment resulted from a combination of the prosecutor’s action and the. main complaining witness from the State Office of Inspector General whose testimony also brought about the indictment. In light of our system’s well-established immunity doctrine covering these prosecutorial activities, I agree with the result reached by our court and the court below.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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