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

> Court of Appeals for the Third Circuit · June 9, 1966 · 361 F.2d 581

URL: https://www.frixlaw.com/law-library/cases/9451822

## Case

- **Full name:** William J. BAUERS, Jr., Appellant, v. Herbert T. HEISEL, Jr.
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** June 9, 1966
- **Citations:** 361 F.2d 581
- **Precedential status:** Published
- **Opinion:** Concurrence by Hastie
- **Judges:** Biggs, Freedman, Kalodner, Maris, Mc-Laughlin, Staley, Hastie, Ganey, Smith
- **Cited by:** 238 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/9451822

## Opinion text

HASTIE, Circuit Judge
(concurring in the result).
I agree that Picking v. Pennsylvania Railroad, 3d Cir., 1945, 151 F.2d 240 , should be overruled. But I do not share the view of the majority that the doctrine of “judicial immunity” protects whatever acts of a public prosecutor are “done in his official capacity” or are not “clearly outside his jurisdiction”.
However, I am satisfied that the present complaint, charging a prosecutor with erroneously prosecuting the plaintiff as an adult when he should have known that the plaintiff was under the age of 18, does not state such a deprivation of a federally secured right as is comprehended by the original Civil Rights Act, 42 U.S.Code § 1983, formerly R.S. § 1979, upon which this claim is predicated.
Thus, I agree that the complaint here fails to state a cause of action, but for a reason different from that upon which the majority place principal reliance.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9451822. Public record. Not legal advice.