United States Ninth Circuit

In a 42 U.S.C. section 1983 suit brought by an individual wrongfully convicted and imprisoned for 24 years, denial of defendants' motion to dismiss based on absolute prosecutorial immunity is affirmed where the elected district attorney and his chief deputy were not entitled to absolute immunity from suit based on allegations that they failed to develop policies and procedures, and failed to adequately train and supervise their subordinates to fulfill their constitutional obligation of ensuring that information regarding jailhouse informants was shared among prosecutors in their office.

Appellate Information

• Argued 03/05/2007
• Decided 03/28/2007
• Published 03/28/2007

Judges

• HENDERSON, District Judge., Before REINHARDT and BEEZER, Circuit Judges, and THELTON E. HENDERSON, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Steven J. Renick, Manning & Marder, Kass, Ellrod, Ramirez LLP, Los Angeles, CA, for the defendants-appellants., Ronald O. Kaye, David S. McLane, Marilyn E. Bednarski, Kaye, McLane & Bednarski, LLP, Pasadena, CA, for the plaintiff-appellee.