Opinion

Cathy Burns v. Rick Reed

  • 894 F.2d 949
  • 1990 U.S. App. LEXIS 1596
  • 1990 WL 8718
Court
Court of Appeals for the Seventh Circuit
Filed
Feb 6, 1990
Status
Published
Author
Ripple
On the bench
Bauer, Cummings, Ripple
Cited by
9 cases
Authority
More cited than 25.6%

The opinion

RIPPLE, Circuit Judge,

concurring.

I concur in the judgment and opinion of the court. I write separately to stress the limited scope of the court’s holding. The court holds that a prosecutor enjoys absolute immunity with respect to legal advice given to law enforcement officers; it does not hold that such absolute immunity nec *957 essarily extends to situations in which the prosecutor goes beyond rendering legal advice and assumes responsibility for the management of the investigation. The line between rendering legal advice and making policy decisions during an investigation is a relatively difficult one. See Imbler v. Pachtman, 424 U.S. 409 , 431 n. 33, 96 S.Ct. 984 , 995 n. 33, 47 L.Ed.2d 128 (1976). Here, however, the record supports the district court’s explicit conclusion that the prosecutor’s role was limited to rendering legal advice. On that basis, I join the judgment and opinion of the court.

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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