Tripati v. United States Immigr. & Naturalization Serv., 784 F.2d 345 (10th Cir. 1986). · Go Syfert
Tripati v. United States Immigr. & Naturalization Serv., 784 F.2d 345 (10th Cir. 1986). Cases Citing This Book View Copy Cite
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Federal probation officers are absolutely immune from civil suits for damages when their activities are intimately associated with the judicial phase of the criminal process.

A pro se plaintiff sued federal probation officers, alleging they made false statements in pretrial bond and presentence reports. The district court dismissed the claims based on qualified immunity. The Tenth Circuit addresses whether federal probation officers are absolutely immune from civil damages suits when their activities are intimately associated with the judicial phase of the criminal process. The court holds that probation officers performing these quasi-judicial functions are protected by absolute immunity. Consequently, the court affirms the dismissal of the claims against the probation officers, finding that their actions in preparing reports for the court fall within the scope of absolute immunity.

127 citation events (62 in the last 25 years) across 33 distinct courts.
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At page 348 Extending immunity to probation officers in reports28 citing casesabsolute immunity extends to probation officer who allegedly made false statements in pretrial bond report and presentence report3 citing courts put it this way · 22 listed here
  • Walker v. Clark, No. 1:21-cv-00252 (D. Del. July 6, 2021).
    (immunity extended to probation officers who allegedly include false statements in pretrial bond reports and presentence reports)
  • Reid v. Pautler, 36 F. Supp. 3d 1067 (D.N.M. 2014).published 10 cites
    “intimately associated with the judicial phase of the criminal process”
  • Johnson v. Root, 812 F. Supp. 2d 914 (N.D. Ill. 2011).published
    Under this rationale, several circuits have held that probation officers are entitled to absolute immunity for their preparation of presentence reports (“PSRs”) because in preparing the reports, they act at the direction of the court and a…
  • DeSilva v. Baker, 96 P.3d 1084 (Ariz. Ct. App. 2004).published
    The court held that decisions on pretrial release and a proper sentence “are important parts of the judicial process” and that probation officers “perform critical roles.” Id. at 348.
  • Rippy v. Hattaway, 270 F.3d 416 (6th Cir. 2001).published
    See Hili v. Sciarrotta, 140 F.3d 210, 213 (2d Cir.1998); Tripati v. INS, 784 F.2d 345, 348 (10th Cir.1986), cert. denied, 484 U.S. 1028 , 108 S.Ct. 755 , 98 L.Ed.2d 767 (1988); Maynard v. Havenstrite, 727 F.2d 439, 441 (5th Cir.1984).
  • Travis Rippy v. George Hattaway, 270 F.3d 416 (6th Cir. 2001).published
    See Hili v. Sciarotta, 140 F.3d 210, 213 (2d Cir. 1998); Tripati v. INS, 784 F.2d 345, 348 (10th Cir. 1986), cert. denied, 484 U.S. 1028 (1988); Maynard v. Havenstrite, 727 F.2d 439, 441 (5th Cir. 1984).
  • Whitesel v. Jefferson Cnty., 222 F.3d 861 (10th Cir. 2000).published 2 cites
    “There can be no doubt that ... the decision whether to order the pretrial release of a criminal defendant ... [is an] important part[ ] of the judicial process in criminal cases”
  • Hummel v. McCotter, 28 F. Supp. 2d 1322 (D. Utah 1998).published
    (granting immunity to probation officers for false statements made in a presentence report)
  • Mee v. Ortega, 967 F.2d 423 (10th Cir. 1992).published 2 cites
    We held that probation officers performing those functions were absolutely immune from suit because they worked directly for the court and assisted it in reaching decisions regarding pretrial release and sentencing. 784 F.2d at 348.
  • Mee v. Jefferson Cnty. Sheriff's Dep't, 744 F. Supp. 252 (D. Colo. 1990).published
    The final question therefore is whether the defendants’ activities were “intimately associated with the judicial phase of the criminal process.... ” Tripati , at 348.
Show 12 more citing cases
  • George Turner, II v. Marion S. Barry, Jr., 856 F.2d 1539 (D.C. Cir. 1988).published
    Dorman v. Higgins, 821 F.2d 133 (2d Cir.1987); Tripati v. INS, 784 F.2d 345, 348 (10th Cir.1986), cert. denied, — U.S. —, 108 S.Ct. 755 , 98 L.Ed.2d 767 (1988).
  • Daloia v. Rose, 849 F.2d 74 (2d Cir. 1988).published 2 cites
    However, the Ninth Circuit recently held that there is “no principled basis for distinguishing between the [adversarial] pretrial proceedings and the trial on the merits in determining whether absolute immunity should be granted to a polic…
  • Williams v. Hepting, 844 F.2d 138 (3d Cir. 1988).published 2 cites
    Finally, in Holt, the Court of Appeals for the Ninth Circuit noted that "[i]n adversarial pretrial proceedings as well as at trial, absolute witness immunity is essential if the truth-seeking function of the proceeding is to be fully serve…
  • Chauncey Marvin Holt v. Richard Modesto Castaneda, 832 F.2d 123 (9th Cir. 1987).published
    See, e.g., Cleavinger v. Saxner, 474 U.S. 193 , 106 S.Ct. 496, 500 , 88 L.Ed.2d 507 (1985) (citing Briscoe for the proposition that “witnesses, including po *126 lice officers, who testify in judicial proceedings” enjoy absolute immunity,…
  • Frank S. Dorman v. Michael Higgins, 821 F.2d 133 (2d Cir. 1987).published
    Our conclusion is in accord with those of the Fifth and Tenth Circuits in Spaulding v. Nielsen, 599 F.2d 728, 729 (5th Cir.1979) (per curiam), and Tripati v. United States Immigration and Naturalization Service, 784 F.2d 345, 348 (10th Cir…
  • Bryant v. O'CONNOR, 671 F. Supp. 1279 (D. Kan. 1986).published
    Serv., 784 F.2d 345, 348 (10th Cir.1986).
  • Swan, No. 5:25-cv-01032 (W.D. Okla. Dec. 15, 2025). 3 cites
    See Tripati v. U.S.I.N.S., 784 F.2d 345 , 346 (10th Cir. 1986) (granting absolute immunity to prosecutors with the United States Attorney’s Office for conduct taken during the plaintiff’s prosecution).
  • United States v. Lin Edward Davis, 151 F.3d 1304 (10th Cir. 1998).published 2 cites
    See Tripati v. INS, 784 F.2d 345, 348 (10th Cir. 1986), cert. denied, 484 U.S. 1028 (1988).
  • Scotto v. Almenas, 143 F.3d 105 (2d Cir. 1998).published 2 cites
    Accord, Tripati v. INS, 784 F.2d 345, 348 (10th Cir.1986)(per curiam); Spaulding v. Nielsen, 599 F.2d 728, 729 (5th Cir.1979)(per curiam); see also, Hili v. Sciarrotta, 140 F.3d 210, 213 (2d Cir.1998) (New York state probation officers abs…
  • Duffy v. Cnty. of Bucks, 7 F. Supp. 2d 569 (E.D. Pa. 1998).published 2 cites
    See Tripati v. United States INS, 784 F.2d 345, 348 (10th Cir. 1986), cert. denied, 484 U.S. 1028 , 108 S.Ct. 755 , 98 L.Ed.2d 767 (1988); Demoran v. Witt, 781 F.2d 155, 158 (9th Cir.1985); Hughes v. Chesser, 731 F.2d 1489, 1490 (11th Cir.…
  • Ziegler v. Hamm, 13 F.3d 408 (10th Cir. 1993).published
    See Tripati v. INS, 784 F.2d 345, 348 (10th Cir.1986), cert. denied, 484 U.S. 1028 (1988). 3 10 Like the district court, we conclude, however, that Ziegler's claims for injunctive and declaratory relief survive both the individual defendan…
  • Robert Carl Anthony v. Daniel G. Baker, 955 F.2d 1395 (10th Cir. 1992).published 2 cites
    (absolute immunity extends to probation officer who allegedly made false statements in pretrial bond report and presentence report)
At page 347 Defining absolute immunity for federal officials12 citing cases“when, as here, the challenged activities of a federal probation officer are intimately associated with the judicial phase of the criminal process, he or she is absolutely immune from a civil suit for damages.”5 citing courts quote it · passage not found verbatim in the opinion (82%)
  • Reid v. Pautler, 36 F. Supp. 3d 1067 (D.N.M. 2014).published 10 cites
    Although the Defendants were state, rather than federal, probation officers, the relevant inquiry focuses on whether they were acting in a quasi-judicial function, that is, whether their activities were “intimately associated with the judi…
  • Chester Russ v. Paul Uppah, 972 F.2d 300 (10th Cir. 1992).published
    When performing functions that are “quasi-judicial” in nature, see, e.g., Tripati v. INS, 784 F.2d 345, 347-48 (10th Cir.1986) (per curiam), cert. denied, 484 U.S. 1028 , 108 S.Ct. 755 , 98 L.Ed.2d 767 (1988), Upah is entitled to absolute…
  • Oliver Benjamin Gerrish v. David Ockey, 951 F.2d 1259 (10th Cir. 1991).published
    Tripati v. United States Immigration and Naturalization Service, 784 F.2d 345, 347-48 (10th Cir.1986), cert. denied, 484 U.S. 1028 (1988). 3 AFFIRMED.
  • Snell v. Tunnell, 920 F.2d 673 (10th Cir. 1990).published 2 cites
    Tripati v. United States INS, 784 F.2d 345, 347-48 (10th Cir.1986) (per curiam), cert. denied, 484 U.S. 1028 , 108 S.Ct. 755 , 98 L.Ed.2d 767 (1988).
  • Valdez v. City & Cnty. Of Denver, 878 F.2d 1285 (10th Cir. 1989).published
    See Owen v. City of Independence, 445 U.S. 622, 635-58 , 100 S.Ct. 1398, 1407-19 , 63 L.Ed.2d 673 (1980) (municipality has no qualified immunity from liability under Sec. 1983); Monell v. Department of Social Serv., 436 U.S. 658, 701 , 98…
  • Valdez v. City & Cnty. of Denver, 878 F.2d 1285 (10th Cir. 1989).published
    In Tripati v. United States Immigration and Naturalization Serv., 784 F.2d 345, 347-48 (10th Cir.1986), cert. denied, — U.S. -, 108 S.Ct. 755 , 98 L.Ed.2d 767 (1988), we relied on these authorities and extended absolute immunity to probati…
  • Charles Hili v. Joseph L. Sciarrotta, 140 F.3d 210 (2d Cir. 1998).published
    See, e.g., Dorman v. Higgins, 821 F.2d 133, 136-39 (2d Cir.1987); see also Tripati v. INS, 784 F.2d 345, 347-48 (10th Cir.1986) (per curiam), ce rt. denied, 484 U.S. 1028 , 108 S.Ct. 755 , 98 L.Ed.2d 767 (1988); Spaulding v. Nielsen, 599 F…
  • Weaver (ID 112321) v. Kansas, State of, No. 5:24-cv-03073 (D. Kan. May 17, 2024).
  • Daly v. Jones, No. 5:24-cv-03219 (D. Kan. Dec. 5, 2024).
  • Daly v. Jones, No. 5:24-cv-03219 (D. Kan. Jan. 15, 2025).
Show 2 more citing cases
At page 346 cited at this page2 citing cases
  • Swan, No. 5:25-cv-01032 (W.D. Okla. Nov. 20, 2025). 3 cites
    Tripati v. INS, 784 F.2d 345, 346-47 (10th Cir. 1986); see Hartman v. Moore, 547 U.S. 250, 261-62 (2006) (noting that absolute prosecutorial immunity protects federal prosecutors facing Bivens actions).
  • Neill v. Hunting, No. 5:23-cv-03131 (D. Kan. June 12, 2023).
    Tripati v. INS, 784 F.2d 345, 346-47 (10th Cir. 1986); Hartman v. Moore, 547 U.S. 250 , 261–62 (2006) (noting that absolute prosecutorial immunity protects federal prosecutors facing Bivens actions).
Other citing cases10 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Anant Kumar TRIPATI
v.
UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE Kent E. Lindgren Holland & Hart Law Firm Jerry Brimmer Clarence A. Brimmer Richard A. Stacy Darrell Mills DJ. Fisher and Ewing T. Kerr
No. 85-1316.
Court of Appeals for the Tenth Circuit.
Feb 20, 1986.
Published opinion
784 F.2d 345
1986 U.S. App. LEXIS 22351
Anant Kumar Tripati, pro se., Robert N. Miller, U.S. Atty., and Nancy E. Rice, Asst. U.S. Atty., Denver, Colo., for defendants-appellees.
Anderson, Logan, Moore.
Cited by 1 opinion  |  Published
PER CURIAM.

In accordance with 10th Cir.R. 9(e) and Fed.R.App.P. 34(a), this appeal came on for consideration on the briefs and record on appeal.

Plaintiff sued nine defendants pro se for alleged violations of his civil rights, abuse of process and malicious prosecution, judicial misconduct, and illegal deportation. He sought damages and release from custody. All of the defendants were involved in plaintiff’s prior criminal conviction in United States District Court for the District of Wyoming; the suit against them was dismissed on various grounds, some raised by plaintiff’s own motion.

Plaintiff now challenges only the dismissal under Fed.R.Civ.P. 12(b)(6) of four of the defendants: The United States attorney in charge of his prosecution, an officer of the United States Immigration and Naturalization Service, and two federal probation officers.[1]

1. United States Attorney

- The district court dismissed the U.S. attorney because he was shielded by absolute immunity while acting within the course of his duties in initiating prosecution and presenting the government’s case.[*347] See Imbler v. Pachtman, 424 U.S. 409, 427-31, 96 S.Ct. 984, 993-95, 47 L.Ed.2d 128 (1976) (42 U.S.C. § 1983 case against prosecutor); Dohaisk v. Tooley, 670 F.2d 934, 938 (10th Cir.), cert. denied, 459 U.S. 826, 103 S.Ct. 60, 74 L.Ed.2d 63 (1982) (42 U.S.C. § 1983 case against prosecutor); see also Butz v. Economou, 438 U.S. 478, 496, 98 S.Ct. 2894, 2905, 57 L.Ed.2d 895 (1978) (42 U.S.C. § 1983 cases instructive when considering immunity of federal officials); id. at 498-99 and nn. 25 and 26, 98 S.Ct. at 2906-07 and nn. 25 and 26 (immunity available to federal defendants equivalent to that available to state defendants); id. at 504, 98 S.Ct. at 2909 (untenable to distinguish immunity law between 42 U.S.C. § 1983 suits and those brought directly under the Constitution). We agree with the district court. All of plaintiff’s allegations against the U.S. attorney involved either the initiation or presentation of the government’s ease.

2. Immigration Officer

The district court dismissed the immigration officer after noting that he acted within the scope of his duties as a public official and finding that none of his actions deprived plaintiff of constitutional rights. The officer had claimed qualified immunity. Again, we agree. “[G]overnment officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982).

Plaintiff is a resident alien. His complaint alleged only that the immigration officer reported plaintiff’s conviction to the Immigration and Naturalization Service as a deportable offense. This report caused placement of a detainer against plaintiff in federal custody until the deportation issue could be resolved. This routine practice did not result in a clear violation of plaintiff’s constitutional rights of which a reasonable person should have known.

3. Probation Officers

Plaintiff alleged that the two probation officers made false statements in a pretrial bond report and a presentence report. The district court ruled that: (1) the probation officers were performing their official duties, (2) their actions required judgment or discretion, and (3) qualified immunity would further policies underlying the official immunity doctrine. Relying on this test from Strothman v. Gefreh, 739 F.2d 515, 518-19 (10th Cir.1984), the court granted the probation officers qualified immunity and dismissed the case against them. We agree that these defendants are immune from suit on the facts alleged, but we arrive at that conclusion in a different way.

In Strothman, we granted absolute immunity to federal officials sued on common-law tort theories. We recognized the Supreme Court’s distinction between cases like Strothman and those that accuse federal officials of violating the Constitution or of acting outside federal statutory authority. See id. at 520; see also Economou, 438 U.S. at 495, 98 S.Ct. at 2905. In the second type of suit, the officials “in general are not absolutely immune ... unless they are performing a narrowly defined judicial, executive, or legislative function.” Strothman, 739 F.2d at 520 (emphasis added). See Economou, 438 U.S. at 508-17, 98 S.Ct. at 2911-16 (granting absolute immunity to federal agency hearing examiners and officials responsible for initiating and prosecuting enforcement actions); Stump v. Sparkman, 435 U.S. 349, 359, 98 S.Ct. 1099, 1106, 55 L.Ed.2d 331 (1978) (granting absolute 42 U.S.C. § 1983 immunity to judge); Imbler, 424 U.S. at 430, 96 S.Ct. at 994 (granting absolute 42 U.S.C. § 1983 immunity to prosecutor whose activities “were intimately associated with the judicial phase of the criminal process”); Pierson v. Ray, 386 U.S. 547, 553-54, 87 S.Ct. 1213, 1217, 18 L.Ed.2d 288 (1967) (granting absolute 42 U.S.C. § 1983 immunity to judge); cf. Cleavinger v. Saxner, — U.S. -, -, 106 S.Ct. 496,[*348] 501-04, 88 L.Ed.2d 507, (1985) (granting qualified immunity to prison disciplinary committee members). We have granted absolute and qualified immunity to government officials under the same exception. See Wilhelm v. Continental Title Co., 720 F.2d 1173, 1177-78 (10th Cir.1983), cert. denied, 465 U.S. 1103, 104 S.Ct. 1601, 80 L.Ed.2d 131 (1984) (absolute immunity to director of civil rights agency); Johnston v. Herschler, 669 F.2d 617, 620 (10th Cir.1982) (absolute immunity to governor); Henriksen v. Bentley, 644 F.2d 852, 854-56 (10th Cir.1981) (absolute or qualified immunity to clerk of court).

Other circuits have extended absolute immunity to probation officers in situations similar to the one at bar, based on the officers’ performance of “quasi-judicial” functions. Hughes v. Chesser, 731 F.2d 1489, 1490 (11th Cir.1984) (granting absolute 42 U.S.C. § 1983 immunity); Spaulding v. Nielsen, 599 F.2d 728, 729 (5th Cir. 1979) (granting absolute immunity to federal probation officers); Burkes v. Callion, 433 F.2d 318, 319 (9th Cir.1970), cert. denied, 403 U.S. 908, 91 S.Ct. 2217, 29 L.Ed.2d 685 (1971) (granting “similar, if not the same,” 42 U.S.C. § 1983 immunity given judges). We agree with this conclusion.

There can be no doubt that both the decision whether to order the pretrial release of a criminal defendant and the selection of an appropriate sentence after his conviction are important parts of the judicial process in criminal cases. Probation officers who assist in these determinations perform critical roles. See Briscoe v. La-Hue, 460 U.S. 325, 336, 103 S.Ct. 1108, 1116, 75 L.Ed.2d 96 (1983) (police officer witness with “critical role” immune). Indeed, this court has said that, when preparing a presentence report under Fed.R. ' Crim.P. 32, “it is evident ... that the probation service is an arm of the court. It is not an investigative arm for the prosecution. A presentence report is prepared exclusively at the discretion of and for the benefit of the court.” United States v. Dingle, 546 F.2d 1378, 1380-81 (10th Cir. 1976). The same can be said of preparation of a pretrial release report.

We therefore hold that when, as here, the challenged activities of a federal probation officer are intimately associated with the judicial phase of the criminal process, he or she is absolutely immune from a civil suit for damages. The judgment of the United States District Court for the District of Colorado is AFFIRMED. See 10th Cir.R. 17(b).

The mandate shall issue forthwith.

1

We note initially that plaintiff’s invocation of the court’s jurisdiction under 28 U.S.C. § 1343 and 42 U.S.C. §§ 1981, 1983, 1985, 1986, and 1988 is incorrect as to the four federal employee defendants before us. Plaintiffs additional assertion of general federal-question jurisdiction under 28 U.S.C. § 1331 is correct as a basis for an implied federal cause of action alleging deprivation of constitutional rights by persons acting under color of federal law. See Butz v. Economou, 438 U.S. 478, 486, 98 S.Ct. 2894, 2900, 57 L.Ed.2d 895 (1978); Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388, 395-97, 91 S.Ct. 1999, 2004-05, 29 L.Ed.2d 619 (1971); id. at 398 and n. 1, 91 S.Ct. at 2006 and n. 1 (Harlan, J., concurring). Although plaintiffs complaint does not cite Bivens or related cases, we recognize the general principle of affording pro se litigants’ pleadings liberal construction. See Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 292, 50 L.Ed.2d 251 (1976). We therefore find the complaint’s invocation of jurisdiction satisfactory and proceed to the issue of whether these four defendants had immunity. Such immunity can halt the progress of a plaintiff pursuing a private cause of action for damages implied directly from the Constitution.