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ELLIOTT v. PEREZ

No. 83-3243.

751 F.2d 1472 (1985)

James ELLIOTT and Joseph Defley, Plaintiffs-Appellants, v. Leander H. PEREZ, Jr., etc., Defendant, Eugene E. Leon, Jr., etc., and Frank Klein, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 7, 1985.

Attorney(s) appearing for the Case

Camille F. Gravel, Jr., Anna E. Dow, Baton Rouge, La., for James Elliott.

Michael S. Fawer, New Orleans, La., for Joseph Defley.

Peter J. Butler, New Orleans, La., for Eugene Leon.

Gerald J. Gallinghouse, Margaret Anne Bretz, New Orleans, La., for Frank Klein.

Before CLARK, Chief Judge, and BROWN and HIGGINBOTHAM, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

This case concerns the doctrines of judicial and prosecutorial immunity. The District Court, 561 F.Supp. 1325 (E.D.La.1983), dismissed the plaintiffs' claims against a state judge and an assistant district attorney for damages resulting from their acts. We find that the absolute constitutional tort immunity accorded to some government officials requires the trial judge to demand heightened standards...

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