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RIVERA v. LEAL

No. 03-11046.

359 F.3d 1350 (2004)

Francisco J. RIVERA, Plaintiff-Appellant, v. Stephen A. LEAL, individually, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed February 11, 2004.

Attorney(s) appearing for the Case

Hugh L. Koerner, Ft. Lauderdale, FL, for Plaintiff-Appellant.

Samuel Robert Mandelbaum, Scott Kenneth Hewitt, Mandelbaum & Fitzsimmons, P.A., Tampa, FL, for Defendant-Appellee.

Before ANDERSON and BLACK, Circuit Judges, and NANGLE, District Judge.

BLACK, Circuit Judge:

We are called upon to determine whether a prosecutor is absolutely immune to suits for money damages under 42 U.S.C. § 1983, where the prosecutor obtained the driver's license records of a wrongly-arrested person and one other, erroneously concluded the second person was actually the wanted party, and shared that (unsworn) opinion with a state judge during a court proceeding. We conclude the prosecutor is absolutely immune.

I. BACKGROUND...

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