# Cathy Burns v. Rick Reed

> Court of Appeals for the Seventh Circuit · February 6, 1990 · 894 F.2d 949

URL: https://www.frixlaw.com/law-library/cases/9479932

## Case

- **Full name:** Cathy BURNS, Plaintiff-Appellant, v. Rick REED, Defendant-Appellee
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** February 6, 1990
- **Citations:** 894 F.2d 949; 1990 U.S. App. LEXIS 1596; 1990 WL 8718
- **Precedential status:** Published
- **Opinion:** Concurrence by Ripple
- **Judges:** Bauer, Cummings, Ripple
- **Cited by:** 9 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/9479932

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9479932. Public record. Not legal advice.