DAVIS

v.

POLICE DEPARTMENT, CITY OF YOUNGSTOWN, OHIO, ET AL.

Citator

Cited By

• Briggs v. Goodwin, 569 F.2d 10 (D.C. Cir. 1977)
  …1 (7th Cir. 1975) (applying absolute immunity in a § 1983 false imprisonment suit, but citing Hampton, and explicitly acknowledging that the conduct assailed was not investigatory); Duba v. McIntyre, 501 F. 2d 590, 592 (8th Cir. 1974), cert. denied, 424 U.S. 975, 96 S.Ct. 1480, 47 L.Ed.2d 745 (1976) (apparently accepting the proposition that absolute immunity will not apply to prosecutors acting in an investigatory capacity); Barnes v. Dorsey, 480 F. 2d 1057, 1060 (8th Cir. 1973) (specifically reserving “th…

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• Rankin v. Howard, 633 F.2d 844 (9th Cir. 1980)
  …consider. . Several courts have repeated this language indicating in dicta that both subject matter and personal jurisdiction are necessary to confer judicial immunity. See, e. g., Duba v. McIntyre, 501 F. 2d 590, 592 (8th Cir. 1974), cert. denied, 424 U.S. 975, 96 S.Ct. 1480, 47 L.Ed.2d 745 (1976) (“the judge must have both jurisdiction over the person and subject matter if he is to be immune from suit”); Ryan v. Scoggin, 245 F. 2d 54, 58 (10th Cir. 1957) (judge is immune for order or judgment when “court…
• REX v. Teeples, 753 F.2d 840 (10th Cir. 1985)
  …il rights claim “focuses on a prosecutor’s actions in the course of directing police investigative activity”); and Weathers v. Ebert, 505 F. 2d 514, 517 (4th Cir.1974) (“Making an arrest is a police function, not a judicial one ____”), cert. denied, 424 U.S. 975, 96 S.Ct. 1480, 47 L.Ed.2d 745 (1976). Other courts have held that the preliminary gathering of evidence which may blossom into a potential prosecution is investigatory activity receiving only a qualified immunity. McSurely v. McClellan, 697 F. 2d…