context: Finally, plaintiffs have not cited, and the Court has not found, any cases decided after Filarsky in which a prosecutor was denied absolute immunity based on his or her status as a private attorney. By contrast, several cases have extended immunity to private attorneys serving prosecutorial roles.
citation_a.signal: see also
citation_a.identifier: 703 F.Supp. 761, 764
citation_a.parenthetical: absolute immunity for private attorney hired to prosecute administrative dismissal proceeding against officers of the sheriffs department
citation_a.sentence: See Redlich v. Leen, No. 16-CIV-20001, 2016 WL 3670575, at *5 (S.D. Fla. May 20, 2016) (private attorney entitled to absolute immunity in “hired role as a prosecutor on behalf of the City of Coral Gables in the traffic court proceeding”); Shimota v. Wegner, No. 15-1590, 2016 WL 1254240, at *14 (D. Minn. Mar. 29, 2016) (citing Filarsky and holding that private attorney entitled to absolute immunity for claims related to wrongful prosecution); Higdon v. Law Firm of Lautzenheiser Myers & Holdman, No. 1:06-CV-14TS, 2006 WL 897441, at *1 (N.D. Ind. Mar. 31, 2006) (private attorneys acting as city prosecutors entitled to absolute immunity); see also pre-Filarsky cases Ernst v. Child & Youth Servs. of Chester Cty., 108 F.3d 486, 503 (3d Cir. 1997) (granting immunity to private attorney representing child welfare agency in dependency hearings); SBT Holdings, LLC v. Town of Westminster, 541 F.Supp.2d 405, 414-15 (D. Mass.), rev’d on other grounds, 547 F.3d 28 (1st Cir. 2008) (rejecting claim that “contract law firm” and its attorney are not entitled to absolute immunity); Niebur v. Town of Cicero, 212 F.Supp.2d 790, 824 (N.D. Ill. 2002) (“Private attorneys may have prose-cutorial immunity in the proper circumstances.”); Hollowell v. Gravett, 703 F.Supp. 761, 764 (E.D. Ark. 1988) (absolute immunity for private attorney hired to prosecute administrative dismissal proceeding against officers of the sheriffs department).
citation_b.signal: see
citation_b.identifier: 2016 WL 3670575, at *5
citation_b.parenthetical: private attorney entitled to absolute immunity in "hired role as a prosecutor on behalf of the City of Coral Gables in the traffic court proceeding"
citation_b.sentence: See Redlich v. Leen, No. 16-CIV-20001, 2016 WL 3670575, at *5 (S.D. Fla. May 20, 2016) (private attorney entitled to absolute immunity in “hired role as a prosecutor on behalf of the City of Coral Gables in the traffic court proceeding”); Shimota v. Wegner, No. 15-1590, 2016 WL 1254240, at *14 (D. Minn. Mar. 29, 2016) (citing Filarsky and holding that private attorney entitled to absolute immunity for claims related to wrongful prosecution); Higdon v. Law Firm of Lautzenheiser Myers & Holdman, No. 1:06-CV-14TS, 2006 WL 897441, at *1 (N.D. Ind. Mar. 31, 2006) (private attorneys acting as city prosecutors entitled to absolute immunity); see also pre-Filarsky cases Ernst v. Child & Youth Servs. of Chester Cty., 108 F.3d 486, 503 (3d Cir. 1997) (granting immunity to private attorney representing child welfare agency in dependency hearings); SBT Holdings, LLC v. Town of Westminster, 541 F.Supp.2d 405, 414-15 (D. Mass.), rev’d on other grounds, 547 F.3d 28 (1st Cir. 2008) (rejecting claim that “contract law firm” and its attorney are not entitled to absolute immunity); Niebur v. Town of Cicero, 212 F.Supp.2d 790, 824 (N.D. Ill. 2002) (“Private attorneys may have prose-cutorial immunity in the proper circumstances.”); Hollowell v. Gravett, 703 F.Supp. 761, 764 (E.D. Ark. 1988) (absolute immunity for private attorney hired to prosecute administrative dismissal proceeding against officers of the sheriffs department).