Burns v. Reed

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Burns v. Reed
Seal of the United States Supreme Court.svg
Argued November 28, 1990
Decided May 30, 1991
Full case nameCathy Burns, Petitioner v. Rick Reed
Citations500 U.S. 478 ( more )
111 S. Ct. 1934; 114 L. Ed. 2d 547; 1991 U.S. LEXIS 3018; 59 U.S.L.W. 4536; 91 Cal. Daily Op. Service 3961; 91 Daily Journal DAR 6290
Holding
A state prosecuting attorney is absolutely immune from liability for damages under § 1983 for participating in a probable cause hearing, but not for giving legal advice to the police.
Court membership
Chief Justice
William Rehnquist
Associate Justices
Byron White  · Thurgood Marshall
Harry Blackmun  · John P. Stevens
Sandra Day O'Connor  · Antonin Scalia
Anthony Kennedy  · David Souter
Case opinions
MajorityWhite, joined by Rehnquist, Stevens, O'Connor, Kennedy, Souter
Concur/dissentScalia, joined by Blackmun; Marshall (part III)
Laws applied
42 U.S.C.   § 1983

Burns v. Reed, 500 U.S. 478 (1991), was a United States Supreme Court case. A prosecutor was absolutely immune from damages based upon positions taken in a probable cause hearing for a search warrant. The same prosecutor was not held entitled to immunity for giving legal advice to the police about the legality of an investigative practice. [1]

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References

  1. Burns v. Reed, 478F.2d (1991).