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SWOPE v. KRISCHER

No. 4D00-1128.

783 So.2d 1164 (2001)

Rick A. SWOPE, Appellant, v. Barry KRISCHER, Esquire, as the State Attorney for the Fifteenth Judicial Circuit, Ira Karmelin, Esquire, Assistant State Attorney, Fifteenth Judicial Circuit, Theodore Booras, Esquire, Assistant State Attorney, Fifteenth Judicial Circuit, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 24, 2001.

Attorney(s) appearing for the Case

J. David Huskey, Jr. and C. Edward McGee, Jr. of McGee, Gainey & Huskey, P.A., Fort Lauderdale, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Charles M. Fahlbusch, Assistant Attorney General, Fort Lauderdale, for appellee.

WARNER, C.J.

This appeal arises from the dismissal of appellant's complaint against the Palm Beach County State Attorney and two prosecutors in his office for false arrest and section 1983 civil rights violations stemming from the investigation, charging, and arrest of appellant on perjury charges which were later nolle prossed. The trial court dismissed the complaint based upon absolute prosecutorial immunity. Although we conclude that absolute immunity does not...

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