United States Sixth Circuit

After appellant's indictment for attempted murder was dismissed, his 42 U.S.C. section 1983 was properly dismissed where appellant was indicted pursuant to grand jury determination; commonwealth attorney is absolutely immune from liability for his evaluation of the evidence, and for presentation of that evidence to a grand jury.

Appellate Information

• Decided 05/01/2002
• Published 05/01/2002

Judges

• Before SILER and CLAY, Circuit Judges;  GRAHAM, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Robert L. Treadway (argued and briefed), Lexington, KY, for Plaintiff-Appellant.


• For Appellees:
  
• James M. Herrick (argued and briefed), Kentucky State Police Legal Office, Frankfort, KY, William B. Pettus (briefed), Asst. Atty. Gen., Office of the Attorney General Civil & Environmental Law, Frankfort, KY, for Defendants-Appellees.