Kidanemariam Kassa v. Antionette Stephenson, No. 20-12281 (11th Cir. 2022)Annotate this Case
An assistant district attorney (the “DA”) in Fulton County, Georgia obtained a material witness warrant requiring Plaintiff to appear as a witness at trial. Plaintiff voluntarily appeared at trial, making execution of the warrant unnecessary. After the trial ended, the DA failed to inform the trial judge that the warrant needed to be recalled. A few months later, a police officer arrested Plaintiff and placed him in jail because of the outstanding warrant. A judge eventually ordered Plaintiff’s release.
Plaintiff brought a 42 U.S.C. Section 1983 action alleging, among other things, that the DA’s failure to initiate the warrant’s cancelation violated his Fourth and Fourteenth Amendment rights. The DA moved to dismiss the suit arguing that as a prosecutor she was entitled to absolute prosecutorial immunity. The district court agreed and dismissed Plaintiff’s claims against her.
The Eleventh Circuit reversed and held that absolute prosecutorial immunity does not extend to DA’s failure to take action to cancel the warrant. The district court thus erred in dismissing Plaintiff’s complaint.
The court wrote that determining whether prosecutorial immunity applies requires the court to take a fact-specific functional approach. Here, the court found that applying Third Circuit precedent from Odd v. Malone, 538 F.3d 202 (3d Cir. 2008), results in the conclusion that the DA is not entitled to absolute prosecutorial immunity. Thus the DA has failed to show that absolute immunity protects her post-trial conduct here.