LERWILL v. JOSLIN

No. 81-1708.

712 F.2d 435 (1983)

Lynn LERWILL and Penny Lerwill, Plaintiffs-Appellees, v. Gary James JOSLIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 11, 1983.


Attorney(s) appearing for the Case

Gary James Joslin, pro se.

Craig N. Snyder of Howard, Lewis & Petersen, Provo, Utah, for plaintiffs-appellees.

Before BARRETT, McKAY and SEYMOUR, Circuit Judges.


McKAY, Circuit Judge.

The issue in this case is whether a city attorney, authorized under local law to file only criminal charges based on violations of city ordinances, is absolutely immune from a section 1983 suit for damages arising out of his (a) initiation of a prosecution for violations of state laws he was not authorized to invoke, (b) procurement of an arrest warrant from a Justice of the Peace who did not follow required State procedure in issuing the warrant...

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