United States Ninth Circuit

In a civil rights action brought by a plaintiff who was an alibi witness in her son's murder trial, the District Court's dismissal is reversed where: 1) the prosecutor and her supervisor absolute immunity for the prosecutor's misrepresentations in her declaration supporting the subpoena application; 2) the district court abused its discretion by denying the plaintiff leave to amend her claim under 42 U.S.C. section 1983 against the County of Los Angeles to allege that actions pursuant to the County's policy or custom caused her injuries; and 3) were not entitled to state statutory immunity because the claims against them were not malicious prosecution claims.

Appellate Information

• Published 2016/07/05

Judges

• WILKEN

Court

• United States Ninth Circuit

Counsel