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JOHNSON v. LALLY

No. 14960.

887 P.2d 1262 (1994)

118 N.M. 795

Neal JOHNSON, Plaintiff-Appellant, v. Joe LALLY, an Assistant District Attorney for the Second Judicial District, Defendant-Appellee.

Court of Appeals of New Mexico.

October 12, 1994.

Attorney(s) appearing for the Case

Phillip P. Baca, Kenneth R. Wagner & Associates, Albuquerque, for plaintiff-appellant.

Tom Udall, Atty. Gen., Joan M. Waters, Asst. Atty. Gen., Santa Fe, for defendant-appellee.

OPINION

BOSSON, Judge.

Plaintiff sues under 42 U.S.C. Section 1983 (1988) (Civil Rights Act), for violation of his civil rights by Defendant, an assistant district attorney, who allegedly initiated criminal proceedings against him maliciously and without cause. Because of absolute prosecutorial immunity, Defendant cannot be sued for monetary damages. See Burns v. Reed, 500 U.S. 478<...

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