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BURNS v. REED

No. 88-3397.

894 F.2d 949 (1990)

Cathy BURNS, Plaintiff-Appellant, v. Rick REED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 6, 1990.

Attorney(s) appearing for the Case

Michael K. Sutherlin (argued), Indianapolis, Ind., for plaintiff-appellant.

David A. Nowak, Dist. Atty. Gen. (argued), Indianapolis, Ind., Thomas H. Neuckranz, Williams & Montgomery, Chicago, Ill., William G. Bruns, Cannon & Bruns, Muncie, Ind., Edwin L. Gagnon, Byrum, Gagnon & Diehl, Indianapolis, Ind., for defendant-appellee.

Before BAUER, Chief Judge, CUMMINGS, and RIPPLE, Circuit Judges.

BAUER, Chief Judge.

The present appeal is from the district court's order granting defendant's motion for a directed verdict in this action for damages under 42 U.S.C. § 1983. After hearing plaintiff's evidence, the district court determined that defendant, the Chief Deputy Prosecutor for Delaware County, Indiana, was absolutely immune from suit for the allegations testified to at trial. The question before the court is whether a state prosecutor is absolutely...

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