United States Ninth Circuit

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Stapley v. Pestalozi, 12-16145

In a 42 U.S.C. section 1983 action, alleging defendants initiated a frivolous RICO suit against plaintiff to harass him as part of an ongoing political war in Maricopa County involving the Board of Supervisors, Sheriff Joe Arpaio and others, the district court's denial of defendants' motion to dismiss based on absolute immunity is affirmed where under the circumstances, the actions of defendants were not entitled to absolute immunity because their actions were not sufficiently analogous to those of a prosecutor.

Appellate Information

  • Decided 08/16/2013
  • Published 08/16/2013

Judges

  • FLETCHER

Court

  • United States Ninth Circuit

Counsel