United States Eighth Circuit

District court erred in granting a prosecutor absolute immunity to a 42 U.S.C. section 1983 claim arising from plaintiff's conviction, as issues exist as to whether the prosecutor gave legal advice during an investigation. Defendant police officers had probable cause to believe plaintiff had committed a drug crime.

Appellate Information

• Decided 04/30/2003
• Published 04/30/2003

Judges

• BYE, Circuit Judge., Before McMILLIAN, FAGG and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• D.C. Bradford, argued, Omaha, NE, for appellant.


• For Appellees:
  
• Jeffrey D. Farrell, argued, Asst. Atty. Gen., Des Moines, IA, for appellee Todd Jones., John P. Mullen, argued, Omaha, NE, for appellees Larson, Cavenaugh, Hervey and Shelby County, IA.