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BURNS v. REED

No. 89-1715.

500 U.S. 478 (1991)

111 S.Ct. 1934

114 L.Ed.2d 547

BURNS v. REED

Supreme Court of United States.

Decided May 30, 1991.

Attorney(s) appearing for the Case

Michael K. Sutherlin argued the cause and filed a brief for petitioner.

Robert S. Spear argued the cause for respondent. With him on the brief were Linley E. Pearson, Attorney General of Indiana, and David A. Nowak, Deputy Attorney General.

Michael R. Lazerwitz argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Assistant Attorney General Gerson, Deputy Solicitor General Shapiro, and Barbara L. Herwig.*

JUSTICE WHITE delivered the opinion of the Court.

The issue in this case is whether a state prosecuting attorney is absolutely immune from liability for damages under 42 U. S. C. § 1983 for giving legal advice to the police and for participating in a probable-cause hearing. The Court of Appeals for the Seventh Circuit held that he is. 894 F.2d 949 (1990). We affirm in part and reverse...

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