# Miller v. Meyer

> Court of Appeals for the Sixth Circuit · March 21, 2016 · 644 F. App'x 506

URL: https://www.frixlaw.com/law-library/cases/8679715

## Case

- **Full name:** Randy L. MILLER James E. Lehman, Jr. Michele E. Ward-Tackett David M. Graham and Todd E. Haines v. Randall MEYER State of Ohio Office of the Inspector General Office of Brown County Prosecutor Jessica A. Little James Zehringer Ohio Department of Natural Resources Anthony J. Celebrezze, III Ronald E. Nichols Sean D. Logan and Thomas Charles
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** March 21, 2016
- **Citations:** 644 F. App'x 506
- **Precedential status:** Published
- **Opinion:** Concurrence by Merritt
- **Judges:** Cole, Griffin, Merritt
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8679715

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8679715. Public record. Not legal advice.