Leslie Lampton, et al v. Oliver Diaz, Jr., et al, No. 10-60437 (5th Cir. 2011)
Annotate this CaseDefendants, a husband and wife, filed a suit in federal court alleging that the U.S. Attorney for the Southern District of Mississippi ("U.S. Attorney"), who prosecuted defendants for fraud, bribery, and tax evasion charges, violated 42 U.S.C. 1983 and statutes prohibiting government officials from releasing private tax records obtained in the course of their duties when he included defendants' federal tax records obtained during a criminal investigation in the complaint he filed with the Mississippi Commission on Judicial Performance about the husband's conduct. At issue was whether prosecutorial immunity extended to a prosecutor's post-trial transfer of private federal tax records to a state ethics commission. The court held that the U.S. Attorney did not have prosecutorial immunity in this case where there was no case precedent extending immunity to post-trial conduct relating to a new action before a new tribunal and where the policies underlying prosecutorial immunity did not justify immunity in this context.
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