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IMBLER v. PACHTMAN

No. 74-5435.

424 U.S. 409 (1976)

96 S.Ct. 984

47 L.Ed.2d 128

IMBLER v. PACHTMAN, DISTRICT ATTORNEY.

Supreme Court of United States.

Decided March 2, 1976.

Attorney(s) appearing for the Case

Roger S. Hanson argued the cause and filed a brief for petitioner.

John P. Farrell argued the cause for respondent. With him on the brief was John H. Larson.

Solicitor General Bork argued the cause for the United States as amicus curiae. With him on the brief were Acting Assistant Attorney General Keeney, Deputy Solicitor General Friedman, Harry R. Sachse, and Jerome M. Feit.*

MR. JUSTICE POWELL delivered the opinion of the Court.

The question presented in this case is whether a state prosecuting attorney who acted within the scope of his duties in initiating and pursuing a criminal prosecution is amenable to suit under 42 U. S. C. § 1983 for alleged deprivations of the defendant's constitutional rights. The Court of Appeals for the Ninth Circuit held that he is not. 500 F.2d 1301. We affirm.

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