United States Sixth Circuit

In a 42 U.S.C. section 1983 action claiming that the state, as a condition for dismissing the criminal assault and battery charges pending against plaintiff, wrongfully required plaintiff to agree to temporarily refrain from filing a civil lawsuit against the parties with whom he had a physical altercation, summary judgment for defendants is affirmed where a prosecutor's allegedly improper motive alone is not enough to defeat absolute immunity, so long as the general nature of his actions falls within the scope of his duties as an advocate for the state.

Appellate Information

• Decided 07/30/2009
• Published 07/30/2009

Judges

• Before MARTIN and GILMAN, Circuit Judges;  ZOUHARY, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Russell C. Babcock, The Mastromarco Firm, Saginaw, Michigan, for Appellant.  Jason David Kolkema, Johnson, Rosati, Labarge, Aseltyne & Field, P.G., Lansing, Michigan, for Appellees.   ON BRIEF:  Russell C. Babcock, Victor Joseph Mastromarco, Jr., The Mastromarco Firm, Saginaw, Michigan, for Appellant.  Jason David Kolkema, Johnson, Rosati, Labarge, Aseltyne & Field, P.G., Lansing, Michigan, for Appellees.