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KALINA v. FLETCHER

No. 96-792.

522 U.S. 118 (1997)

KALINA v. FLETCHER

United States Supreme Court.

Decided December 10, 1997.

Attorney(s) appearing for the Case

Norm Maleng argued the cause for petitioner. With him on the briefs were Michael C. Duggan and John W. Cobb.

Patricia A. Millett argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Acting Solicitor General Dellinger, Assistant Attorney General Hunger, Deputy Solicitor General Waxman, Deputy Assistant Attorney General Preston, Barbara L. Herwig, and Peter R. Maier.

Timothy K. Ford argued the cause for respondent. With him on the brief were Robert S. Mahler and Daniel Hoyt Smith.*

Stevens, J., delivered the opinion for a unanimous Court. Scalia, J., filed a concurring opinion, in which Thomas, J., joined, p. 131.

Justice Stevens, delivered the opinion of the Court.

The question presented is whether 42 U. S. C. § 1983 creates a damages remedy against a prosecutor for making false statements of fact in an affidavit supporting an application for an arrest warrant, or whether, as she contends, such conduct is protected by "the doctrine of absolute prosecutorial immunity."

I

Petitioner is a deputy prosecuting attorney for King County, Washington. Following...

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