United States Third Circuit

In a Section 1983 action concerning the scope of the Fourth Amendment and involving the prolonged incarceration of plaintiff as a material witness, judgment of district court denying defendant summary judgment is affirmed where: 1) the Fourth Amendment applies to the subject detention, and that it requires a prosecutor responsible for such a detention to inform the judge who ordered the witness's incarceration of any substantial change in the underlying circumstances; 2) defendant-prosecutor had fair warning of the constitutional right she is accused of violating and therefore is not entitled to qualified immunity; and 3) absolute prosecutorial immunity does not apply.

Appellate Information

• Decided 07/29/2011
• Published 07/29/2011

Judges

• SMITH

Court

• United States Third Circuit

Counsel