Johnson v. Rex, 474 U.S. 967 (1985). · Go Syfert
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Johnson v. Rex, 474 U.S. 967 (1985). Cases Citing This Book View Copy Cite
121 citation events across 13 distinct courts.
Strongest positive: Gagan v. Norton (ca10, 1994-09-16)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
examined Cited "see" Gagan v. Norton (3×)
10th Cir. · 1994 · signal: see · confidence high
See Pfeiffer, 929 F.2d at 1490 & n. 6 (citing Rex v. Teeples, 753 F.2d 840, 843-44 (10th Cir.), cert. denied, 474 U.S. 967 , 106 S.Ct. 332 , 88 L.Ed.2d 316 (1985)); accord Snell, 920 F.2d at 686 ; Lavicky v. Burnett, 758 F.2d 468, 476 (10th Cir.1985), cert. denied, 474 U.S. 1101 , 106 S.Ct. 882 , 88 L.Ed.2d 917 (1986).
examined Cited "see" Gagan v. Norton (3×)
10th Cir. · 1994 · signal: see · confidence high
See Pfeiffer, 929 F.2d at 1490 & n. 6 (citing Rex v. Teeples, 753 F.2d 840, 843-44 (10th Cir.), cert. denied, 474 U.S. 967 , 106 S.Ct. 332 , 88 L.Ed.2d 316 (1985)); accord Snell, 920 F.2d at 686 ; Lavicky v. Burnett, 758 F.2d 468, 476 (10th Cir.1985), cert. denied, 474 U.S. 1101 , 106 S.Ct. 882 , 88 L.Ed.2d 917 (1986). 8 In making the often "difficult distinction" between prosecutorial and non-prosecutorial activities (i.e., absolute and qualified immunity), we have held " 'the determinative factor is "advocacy" because that is the prosecutor's main function.' " Pfeiffer, 929 F.2d at 1490 (quo…
examined Cited "see" Austin v. Hamilton (3×)
10th Cir. · 1991 · signal: see · confidence high
See Rex v. Teeples, 753 F.2d 840, 843 (10th Cir.), cert. denied, 474 U.S. 967 , 106 S.Ct. 332 , 88 L.Ed.2d 316 (1985); United States v. Rullo, 748 F.Supp. 36, 42 (D.Mass.1990).
examined Cited "see" Austin v. Hamilton (3×)
10th Cir. · 1991 · signal: see · confidence high
See Rex v. Teeples, 753 F.2d 840, 843 (10th Cir.), cert. denied, 474 U.S. 967 , 106 S.Ct. 332 , 88 L.Ed.2d 316 (1985); United States v. Rullo, 748 F.Supp. 36, 42 (D.Mass.1990) Wilkins' second objection was that application of the fourth amendment "could lead to an unwarranted expansion of constitutional law." Id. at 194.
examined Cited "see" Johnny Gray v. Detective Spillman Detective Bishop Detective Riggs Detective Cartner (3×)
4th Cir. · 1991 · signal: see · confidence high
See Rex v. Teeples, 753 F.2d 840, 843 (10th Cir.), cert. denied, 474 U.S. 967 , 106 S.Ct. 332 , 88 L.Ed.2d 316 (1985) (finding an actionable § 1983 claim for extracting an involuntary confession by coercion “notwithstanding the coercion is psychological rather than physical”).
discussed Cited "see, e.g." Willie F. Williams, Jr. v. Jim Hart and Thomas Guilioli
10th Cir. · 1991 · signal: see also · confidence low
A prosecutor is absolutely immune from liability for money damages under section 1983 for activities associated with "initiating a prosecution [and] presenting the State's case." Imbler v. Pachtman, 424 U.S. 409, 430-31 (1976); see also Rex v. Teeples, 753 F.2d 840, 843 (10th Cir.), cert. denied, 474 U.S. 967 (1985).
examined Cited "see, e.g." Johnson v. Carroll (3×)
N.D. Ill. · 1988 · signal: see, e.g. · confidence low
See, e.g., Rex v. Teeples, 753 F.2d 840, 843 (10th Cir.), cert. denied, 474 U.S. 967 , 106 S.Ct. 332 , 88 L.Ed.2d 316 (1985); Duncan v. Nelson, 466 F.2d 939, 944-45 (7th Cir.), cert. denied, 409 U.S. 894 , 93 S.Ct. 116 , 93 S.Ct. 175 , 34 L.Ed.2d 152 (1972). 5 .
cited Cited "see, e.g." Robert Ackinclose, Joseph F. Barcia v. Palm Beach County, Florida
11th Cir. · 1988 · signal: see also · confidence low
See also Equal Employment Opportunity Commission v. Atlanta Gas Light Company, 751 F.2d 1188, 1189 (11th Cir.), cert. denied, 474 U.S. 968 , 106 S.Ct. 333 , 88 L.Ed.2d 316 (1985); Acoff v. D.E.
Retrieving the full opinion text from the archive…
Donald E. Johnson, Jr.
v.
Randall Edward Rex
84-1990.
Supreme Court of the United States.
Nov 4, 1985.
474 U.S. 967
1985 U.S. LEXIS 4328
Burger, Rehnquist, O'Connor.
Cited by 46 opinions  |  Published
Reporter's Syllabus editorial summary, not part of the Court's opinion

On Petition for Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit.

The petition for writ of certiorari is denied.

Chief Justice BURGER, with whom Justice REHNQUIST and Justice O'CONNOR join, dissenting.

Lead Opinion

C. A. 10th Cir. Certiorari denied.

Dissent

Chief Justice Burger, with whom Justice Rehnquist and Justice O’Connor join,

dissenting.

In this case the United States Court of Appeals for the Tenth Circuit held that a prosecutor is not entitled to absolute immunity from liability in a civil rights suit brought under 42 U. S. C. § 1983 based upon the prosecutor’s presence during questioning of the plaintiff. Absolute immunity was denied even though the prosecutor was present not as an investigator but as a counsel to advise on compliance with Miranda v. Arizona, 384 U. S. 436 (1966).

In Imbler v. Pachtman, 424 U. S. 409 (1976), this Court established an absolute immunity for prosecutors engaged in activities associated with the criminal process. This Court left open the extent to which investigative activities by prosecutors would also come within the umbrella of absolute immunity. But the principle of absolute immunity established in Imbler was based on the need to ensure sound decisionmaking by the prosecutor by protecting from fear of retaliatory suits for vigorous law enforcement. Here the prosecutor was acting as an officer of the court in ensuring compliance with the Miranda requirements, and I would grant the petition for certiorari in order to define the applicability of absolute immunity in this context; surely the prosecutor’s action was well within his function as a prosecutor and officer of the court.