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United States Eleventh Circuit


RIVERA v. LEAL, 03-11046

Defendant-prosecutor was functioning as an advocate for the State, not as an investigator, when he obtained and compared driver's license records; since he never swore to the truth of any information he shared with the court or sought the issuance of a capias, he did not function as a complaining witness. Thus his actions are shielded by absolute immunity.

Appellate Information

  • Decided 02/11/2004
  • Published 02/11/2004

Judges

  • BLACK, Circuit Judge:, Before ANDERSON and BLACK, Circuit Judges, and NANGLE , District Judge.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellant:
  • Hugh L. Koerner, Ft. Lauderdale, FL, for Plaintiff-Appellant.

  • For Appellees:
  • Samuel Robert Mandelbaum, Scott Kenneth Hewitt, Mandelbaum & Fitzsimmons, P.A., Tampa, FL, for Defendant-Appellee.
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