Opinion

William J. Bauers, Jr. v. Herbert T. Heisel, Jr

  • 361 F.2d 581
Court
Court of Appeals for the Third Circuit
Filed
Jun 9, 1966
Status
Published
Author
Kalodner
On the bench
Biggs, Freedman, Kalodner, Maris, Mc-Laughlin, Staley, Hastie, Ganey, Smith
Cited by
238 cases
Authority
More cited than 24.8%

prosecutor immune from damages for filing charges in county court, which had no jurisdiction over juvenile defendant

How later courts described this case

  • prosecutor immune from damages for filing charges in county court, which had no jurisdiction over juvenile defendant
  • immunity is denied for acts which “a reasonable prosecutor would recognize as being ‘clearly outside his jurisdiction’ to represent the state before the court.”
  • "[R]eason requires us to adopt a rule which does not provide immunity for those acts which are done clearly outside the authority or jurisdiction of the office."
  • “[Rjeason requires us to adopt a rule which does not provide immunity for those acts which are done clearly outside the authority or jurisdiction of the office.”

Written by the judges who cited it.

The opinion

KALODNER, Chief Judge

(concurring in the result).

I concur in the overruling of our holding in Picking v. Pennsylvania R. Co., 151 F.2d 240 (3 Cir., 1945).

I also concur in the affirmance of the District Court’s Order dismissing the Complaint for the sole reason that in my opinion the sweep of the Civil Rights Act, 42 U.S.C.A. Sec. 1983 , R.S. Sec. 1979 does not extend to a cause of action such as that which the Complaint asserts.

Since I am of the view that the Complaint fails to state a cause of action under the Civil Rights Act, I do not reach the majority’s holding with reference to the extension of the doctrine of “judicial immunity” to prosecuting attorneys.

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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