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LAMPTON v. DIAZ

No. 10-60437.

639 F.3d 223 (2011)

Leslie B. LAMPTON, Plaintiff, v. Oliver E. DIAZ, Jr.; Jennifer Diaz, Defendants-Third Party Plaintiffs-Appellees, v. Dunnica Lampton, Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 18, 2011.

Attorney(s) appearing for the Case

David Neil McCarty (argued), David Neil McCarty Law Firm, P.L.L.C., Jackson, MS, for Oliver Diaz.

Charles R. McRae (argued), McRae Law Firm, Jackson, MS, for Jennifer Diaz.

Dennis Lee Horn (argued), Horn & Payne, P.L.L.C., Madison, MS, for Dunnica Lampton.

Before SMITH, WIENER, and OWEN, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

In Imbler v. Pachtman, 424 U.S. 409, 430, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976), the Court held that prosecutors retain common-law immunity from suit for all actions "intimately associated with the judicial phase of the criminal process." This appeal raises the issue of whether that absolute immunity extends to a prosecutor's post-trial transfer of private federal tax records to a state ethics commission...

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