Lilly Mae Onie Lee Whitelaw Hilliard v. John L. Williams, 540 F.2d 220 (6th Cir. 1976). · Go Syfert
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Lilly Mae Onie Lee Whitelaw Hilliard v. John L. Williams, 540 F.2d 220 (6th Cir. 1976). Cases Citing This Book View Copy Cite
71 citation events (20 in the last 25 years) across 25 distinct courts.
Strongest positive: Watkins v. Healy, No. 4:17-cv-13940 (E.D. Mich. Aug. 12, 2019)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
How cited ↗
Cited for
At page 221 Determining scope of search incident to arrest13 citing casesprosecutor immune despite withholding exculpatory FBI report1 citing court put it this way · 11 listed here
  • Flynn v. Papst, No. 9:19-cv-00058 (D. Mont. Sept. 30, 2019).
    “This immunity covers the knowing use of false testimony at trial, the suppression of exculpatory evidence, and malicious prosecution.” Milstein v. Cooley, 257 F.3d 1004, 1008 (9th Cir. 2001) (citing Imbler, 424 U.S. at 416 ); see also Gen…
  • Broam v. Bogan, 320 F.3d 1023 (9th Cir. 2003).published
    An act or an omission concerning such a duty cannot be construed as only administrative or investigative; it too is necessarily related to [the prosecutor’s] preparation to prosecute.”) (citation omitted); Fullman v. Graddick, 739 F.2d 553…
  • Reid v. State of NH, No. 93-1579 (1st Cir. June 6, 1995).published 2 cites
    Perez- ______ Ruiz v. Crespo-Guillen, 25 F.3d 40, 42 (1st Cir. 1994); Smith v. ____ ______________ _____ Massachusetts Dep't. of Correction, 936 F.2d 1390, 1402 (1st Cir. __________________________________ 1991); Torres v. Superintendent o…
  • Reid v. New Hampshire, 56 F.3d 332 (1st Cir. 1995).published 2 cites
    The complaint therefore failed to state an actionable false arrest claim. 8 Second, under Imbler “it is ‘now [a] well-settled rule that a prosecutor cannot be held personally liable for the knowing suppression of exculpatory information.’…
  • Harry Robinson & Kay Robinson, Eva May McCarthy & George Samuel Robinson v. Volkswagenwerk Ag, Greer & Greer, & Herzfeld & Rubin, P.C., 940 F.2d 1369 (10th Cir. 1991).published
    See, e.g., Heidelberg v. Hammer, 577 F.2d 429, 432 (7th Cir.1978); Hilliard v. Williams, 540 F.2d 220, 221 (6th Cir.1976).
  • Robinson v. Volkswagenwerk AG, 940 F.2d 1369 (10th Cir. 1991).published
    See, e.g., Heidelberg v. Hammer, 577 F.2d 429, 432 (7th Cir.1978); Hilliard v. Williams, 540 F.2d 220, 221 (6th Cir.1976).
  • Carter v. Harrison, 612 F. Supp. 749 (E.D.N.Y 1985).published
    Hilliard v. Williams, 540 F.2d 220, 221-22 (6th Cir.1976). 8 .
  • Martinez v. Winner, 548 F. Supp. 278 (D. Colo. 1982).published 2 cites
    Hilliard v. Williams, 540 F.2d 220, 221 (6th Cir. 1976).
  • Urdiales v. Canales, 475 F. Supp. 622 (S.D. Tex. 1979).published
    Hilliard v. Williams, 540 F.2d 220, 221 (6th Cir. 1976); See Kauffman v. Moss, 420 F.2d 1270 , 1272 n.3 (3d Cir. 1970).
  • Edward Campbell v. State of Maine, 787 F.2d 776 (1st Cir. 1986).published
    (prosecutor immune despite withholding exculpatory FBI report)
Show 1 more citing case
  • Dick v. Watonwan Cnty., 551 F. Supp. 983 (D. Minn. 1982).published
    Lee v. Willins, 617 F.2d 320, 322 (2d Cir.), cert. denied, 449 U.S. 861 , 101 S.Ct. 165 , 66 L.Ed.2d 78 (1980); see also Hilliard v. Williams, 540 F.2d 220, 221-22 (6th Cir.1976) (per curiam).
police officer liable under § 1983 for falsely testifying in a criminal trialno pin page on record · 2 citing cases listed
Other citing cases4 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Lilly Mae Onie Lee Whitelaw HILLIARD, Plaintiff-Appellant,
v.
John L. WILLIAMS Et Al., Defendants-Appellees
74-1356 to 74-1358.
Court of Appeals for the Sixth Circuit.
Aug 2, 1976.
Published opinion
540 F.2d 220
1976 U.S. App. LEXIS 7750
Dwayne D. Maddox, Huntingdon, Tenn., Julian P. Guinn, Paris, Tenn., for plaintiff-appellant., Franklin Murchison, David R. Farmer, Roy Hall, Waldrop, Hall, Tomlin & Farmer, Jackson, Tenn., for defendants-appellees.
Phillips, Edwards, Peck.
Cited by 27 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 68%
Citer courts: E.D. Michigan (1)
PER CURIAM.

In an opinion published at 516 F.2d 1344 (6th Cir. 1975), this court reversed the decision of the District Court and remanded this case to the District Court for further proceedings. We said:

The Supreme Court has granted certiorari in Imbler v. Pachtman, 500 F.2d 1301 (9th Cir. 1974), cert, granted, 420 U.S. 945, 95 S.Ct. 1324, 4 L.Ed.2d 423 (1975). It is suggested that the District Court postpone further proceedings in the present case until after the Supreme Court has announced its decision in Imbler.

Both John L. Williams, District Attorney General, and Donn Clark, agent for the Tennessee Bureau of Criminal Investigation, filed petitions for certiorari. The Supreme Court denied the petition of Clark. Hilliard v. Clark, 423 U.S. 1066, 96 S.Ct. 805, 46 L.Ed.2d 656 (1976). .

Under date of March 22,1976, 424 U.S. 961, 96 S.Ct. 1453, 47 L.Ed.2d 729, the Supreme Court granted the petition of Williams, vacated the decision of this court as to him, and remanded the case to this court for further consideration in the light of Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976).

On May 6, 1976, this court invited the attorneys for the parties to submit supplemental briefs. These briefs have been filed and considered. The attorneys for Hilliard undertake to distinguish this case from Imbler. We do not perceive any such distinction.

It is to be emphasized that, as reflected in our opinions reported at 465 F.2d 1212 (6th Cir. 1972) and 516 F.2d 1344 (6th Cir. 1975), this court strongly condemns the actions of District Attorney General Williams revealed by the record in this case. In the latter opinion we said:

Whether guilty or innocent, Mrs. Hilliard had a due process right to a fair trial. Defendant Williams withheld an F.B.I. report indicating that there was no blood on Mrs. Hilliard’s jacket. Moreover, Williams failed to prevent or to correct deceptive and misleading testimony given by defendant Clark from which the jury could have concluded that the jacket was stained with the victim’s blood. Further, it appears that Williams actually instructed Clark to testify at least evasively, if not falsely. We believe that by these acts and omissions defendant Williams deprived Mrs. Hilliard of her constitutional right to a fair trial.

516 F.2d at 1349.

Nevertheless, we conclude that under the decision in Imbler, Williams as a prosecuting attorney is not liable in damages to appellant Hilliard in this action filed under[*222] 42 U.S.C. § 1983. Accordingly, the judgment of this court is vacated as to John L. Williams and the case is remanded to the District Court with directions to dismiss the action as to him.

The judgment of this court as to Donn Clark will remain in full force and effect.

No costs are assessed. Each party will bear his own costs in this court.