Chauncey Marvin Holt v. Richard Modesto Castaneda, 832 F.2d 123 (9th Cir. 1987). · Go Syfert
Chauncey Marvin Holt v. Richard Modesto Castaneda, 832 F.2d 123 (9th Cir. 1987). Cases Citing This Book View Copy Cite
91 citation events (31 in the last 25 years) across 20 distinct courts.
Strongest positive: Paul L. Pipitone v. Deputy Matthew Barksdale (cacd, 2024-10-01)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Paul L. Pipitone v. Deputy Matthew Barksdale
C.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
witnesses who testify 26 in court at adversarial pretrial hearings are absolutely immune from liability under 27 section 1983 for damages allegedly caused by their testimony.
discussed Cited as authority (verbatim quote) Tammy D. Scarbrough v. Bryant Myles, Jr.
11th Cir. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
in adversarial pretrial proceedings as well as at trial, absolute witness immunity is essential if the truth-seeing function of the proceeding is to be fully served.
discussed Cited as authority (verbatim quote) Moore v. McDonald (2×) also: Cited as authority (rule)
5th Cir. · 1994 · quote attribution · 1 verbatim quote · confidence high
witnesses who testify in court at adversarial pretrial hearings are absolutely immune from liability under section 1983 for damages allegedly caused by their testimony
discussed Cited as authority (rule) Card v. County of Alameda
N.D. Cal. · 2025 · confidence medium
See Briscoe v. LaHue, 460 U.S. 325, 329-46 (1983) 20 (police officer witness at trial); Holt v. Castaneda, 832 F.2d 123, 127 (9th Cir. 1987) (police 21 officer witness at probable cause hearing); Burns v. County of King, 883 F.2d 819 (9th Cir. 1989) 22 (social worker preparing affidavit for use at bail revocation proceeding). 23 Card also names Defendants Sazama and Ziegier, who are both deputy county counsel, in 24 the current suit.
cited Cited as authority (rule) Carroll v. Agent of the State
D. Nev. · 2024 · confidence medium
Holt v. Castaneda, 832 F.2d 123, 127 (9th Cir. 1987). 22 Here, Plaintiff indicates that Defendants Brattin and Ramirez are expert witnesses.
discussed Cited as authority (rule) Card v. Alameda County District Attorney's Office
N.D. Cal. · 2024 · confidence medium
See Briscoe v. LaHue, 460 U.S. 16 325, 329-46 (1983) (police officer witness at trial); Holt v. Castaneda, 832 F.2d 123, 127 (9th Cir. 17 1987) (police officer witness at probable cause hearing); Burns v. County of King, 883 F.2d 819 18 (9th Cir. 1989) (social worker preparing affidavit for use at bail revocation proceeding). 19 Card has also filed a claim against Defendants Espitia and Vaghashia, who are California 20 State Bar investigators, based on their “obstensibly [sic] bias[ed] and lackadaisical investigations.” 21 Dkt. 1 at 12.
discussed Cited as authority (rule) Card v. Chin
N.D. Cal. · 2024 · confidence medium
See Briscoe v. LaHue, 460 U.S. 325, 329-46 (1983) (police officer witness at 25 trial); Holt v. Castaneda, 832 F.2d 123, 127 (9th Cir. 1987) (police officer witness at probable 26 cause hearing); Burns v. County of King, 883 F.2d 819 (9th Cir. 1989) (social worker preparing 27 affidavit for use at bail revocation proceeding).
discussed Cited as authority (rule) Gonzalez v. Hartnett
N.D.N.Y. · 2023 · confidence medium
Mar. 30, 2012); Daloia v. Rose, 849 F.2d 74, 75 (2d Cir. 1988); Khorrami v. Rolince, 539 F.3d 782, 789 (7th Cir. 2008) (holding that law enforcement officials who testify at pretrial proceedings are entitled to absolute immunity); Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir. 1987) (same); see also Curtis v. Bembenek, 48 F.3d 281, 284 (7th Cir. 1995) (holding that officers are entitled to absolute immunity for testimony given during a preliminary hearing and a pretrial suppression hearing).
discussed Cited as authority (rule) Gonzalez v. Hartnett
N.D.N.Y. · 2023 · confidence medium
Mar. 30, 2012); Daloia v. Rose, 849 F.2d 74, 75 (2d Cir. 1988); Khorrami v. Rolince, 539 F.3d 782, 789 (7th Cir. 2008) (holding that law enforcement officials who testify at pretrial proceedings are entitled to absolute immunity); Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir. 1987) (same); see also Curtis v. Bembenek, 48 F.3d 281, 284 (7th Cir. 1995) (holding that officers are entitled to absolute immunity for testimony given during a preliminary hearing and a pretrial suppression hearing).
discussed Cited as authority (rule) Fuller v. Thompson
N.D. Cal. · 2023 · confidence medium
See Briscoe v. LaHue, 460 U.S. 325, 329-46 (1983) (police officer 15 witness at trial); Holt v. Castaneda, 832 F.2d 123, 127 (9th Cir. 1987) (police officer witness at 16 probable cause hearing); Burns v. County of King, 883 F.2d 819 (9th Cir. 1989) (social worker 17 preparing affidavit for use at bail revocation proceeding). 18 III.
discussed Cited as authority (rule) Ralstin v. Human Services Administration of Santa Cruz County
N.D. Cal. · 2022 · confidence medium
See Briscoe v. LaHue, 460 U.S. 325, 329-46 (1983) 25 (police officer witness at trial); Holt v. Castaneda, 832 F.2d 123, 127 (9th Cir. 1987) 26 (police officer witness at probable cause hearing), cert. denied, 485 U.S. 979 (1988); Burns 27 v. County of King, 883 F.2d 819 (9th Cir. 1989) (social worker preparing affidavit for use 1 Second, Ralstin has not alleged claims against the remaining defendants, nor has he 2 || stated which specific constitutional rights were violated by any defendant.
discussed Cited as authority (rule) Nordlund v. Beesley
D. Alaska · 2021 · confidence medium
Parole Board Members The Ninth Circuit has held that “parole board officials are entitled to absolute immunity from suits by prisoners for actions taken when processing 26 See Bermudez v. Duenas, 936 F.2d 1064, 1066 (9th Cir. 1991) (per curiam). 27 See Briscoe v. LaHue, 460 U.S. 325 , 329–46 (1983); Holt v. Castaneda, 832 F.2d 123, 127 (9th Cir.1987), cert. denied, 484 U.S. 979 (1988). 28 Docket 1 at 5. 29 Jones v. Nevada Board of Parole Commissioners, No. 3:21-cv-00004-MMD-WGC, 2021 WL 2406879 , slip op. at *2 (D.
cited Cited as authority (rule) Neal v. State of Oregon Sheriff's Office
D. Or. · 2021 · confidence medium
Holt v. Castaneda, 832 F.2d 123, 127 (9th Cir. 1987).
discussed Cited as authority (rule) Corry v. Ju
N.D. Cal. · 2020 · confidence medium
See Briscoe v. LaHue, 460 U.S. 325, 329-46 (1983) (police 4 officer witness at trial); Holt v. Castaneda, 832 F.2d 123, 127 (9th Cir. 1987) (police 5 officer witness at probable cause hearing); Burns v. County of King, 883 F.2d 819 (9th Cir. 6 1989) (social worker preparing affidavit for use at bail revocation proceeding). 7 I also dismissed Corry’s claims against Voong with prejudice.
discussed Cited as authority (rule) C.M. v. Commissioner of the Department of Children and Families
Mass. App. Ct. · 2020 · confidence medium
See Rehberg, 566 U.S. at 375 ; Williams v. Hepting, 844 F.2d 138, 141-143 (3d Cir. 1988) (witness immunity applies to testimony given at pretrial hearings); Holt v. Castaneda, 832 F.2d 123, 125-126 (9th Cir. 1987) (same).
cited Cited as authority (rule) Scott Moffett v. R. Bryant
5th Cir. · 2014 · confidence medium
Moore v. McDonald, 30 F.3d 616, 619 (5th Cir.1994) (quoting Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir.1987)).
discussed Cited as authority (rule) Hayes v. County of Sullivan
S.D.N.Y. · 2012 · confidence medium
Plaintiffs claims against Gorr, Morgan, and Starner for allegedly committing perjury at Plaintiffs suppression hearing are barred as a matter of law by the Second Circuit’s decision in Daloia v. Rose, 849 F.2d 74 (2d Cir.1988), where the Second Circuit held that “police officers who testify at adversarial pretrial proceedings are entitled to absolute immunity from liability based on that testimony.” Id. at 76 ; see also Khorrami v. Rolince, 539 F.3d 782, 789 (7th Cir.2008) (holding that law enforcement officials who testify at pretrial proceedings are entitled to absolute immunity); Holt…
discussed Cited as authority (rule) Buckheit v. Dennis
N.D. Cal. · 2010 · confidence medium
After dismissing the plaintiffs claims for failure to state a claim under § 1983, the court noted that the mother’s reports of child abuse “are entitled to immunity under Cal. Welf. & Inst.Code § 306.” Id. at 1127 (citing Holt v. Castaneda, 832 F.2d 123, 125-26 (9th Cir.1987)).
cited Cited as authority (rule) Sharon Martin v. Jennell Parks
9th Cir. · 2010 · confidence medium
We review de novo, Holt v. Castaneda, 832 F.2d 123, 124 (9th Cir.1987), and we affirm.
cited Cited as authority (rule) John Gabor v. United States
9th Cir. · 2010 · confidence medium
We review de novo, Holt v. Castaneda, 832 F.2d 123, 124 (9th Cir. 1987), and we affirm.
cited Cited as authority (rule) Living Designs, Inc. v. E.I. Dupont De Nemours and Co.
9th Cir. · 2005 · confidence medium
See Briscoe v. LaHue, 460 U.S. 325, 330-31 , 103 S.Ct. 1108 , 75 L.Ed.2d 96 (1983); Franklin v. Terr, 201 F.3d 1098, 1101 (9th Cir.2000); Holt v. Castaneda, 832 F.2d 123, 124 (9th Cir.1987).
discussed Cited as authority (rule) Matsuura v. E.I.. Du Pont De Nemours & Co.
D. Haw. · 2004 · confidence medium
See Briscoe v. LaHue, 460 U.S. 325, 330-31 , 103 S.Ct. 1108 , 75 L.Ed.2d 96 (1983) (“The immunity of parties and witnesses from subsequent damages liability for their testimony in judicial proceedings was well established in English common law”); Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir.1987) (police officer immune from civil liability because of common law immunity afforded to participants in judicial processes); Collins v. Walden, 613 F.Supp. 1306, 1314-1315 (N.D.Ga.1985) (immunity covers all “participants in the process of gathering evidence for use at trial”).
discussed Cited as authority (rule) Matsuura v. EI DU PONT DE NEMOURS AND CO.
D. Haw. · 2004 · confidence medium
See Briscoe v. LaHue, 460 U.S. 325, 330-31 , 103 S.Ct. 1108 , 75 L.Ed.2d 96 (1983) ("The immunity of parties and witnesses from subsequent damages liability for their testimony in judicial proceedings was well established in English common law"); Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir.1987) (police officer immune from civil liability because of common law immunity afforded to participants in judicial processes); Collins v. Walden, 613 F.Supp. 1306, 1314-1315 (N.D.Ga.1985) (immunity covers all "participants in the process of gathering evidence for use at trial").
discussed Cited as authority (rule) Keko v. Hingle
5th Cir. · 2003 · confidence medium
See, e.g., Jones v. Cannon, 174 F.3d 1271, 1286 (11th Cir.1999); Kincaid v. Eberle, 712 F.2d 1023, 1024 (7th Cir.1983); Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir.1987), ce rt. denied, 485 U.S. 979 , 108 S.Ct. 1275 , 99 L.Ed.2d 486 (1988); Strength v. Hubert, 854 F.2d 421, 423-25 (11th Cir.1988); Macko v. Byron, 760 F.2d 95, 97 (6th Cir.1985); Williams v. Hepting, 844 F.2d 138, 142 (3d Cir.), cert. denied 488 U.S. 851 , 109 S.Ct. 135 , 102 L.Ed.2d 107 (1988); see generally Martin A. Schwartz & John E.
discussed Cited as authority (rule) Keko v. Hingle
5th Cir. · 2003 · confidence medium
See, e.g., Jones v. Cannon, 174 F.3d 1271, 1286 (11th Cir.1999); Kincaid v. Eberle, 712 F.2d 1023, 1024 (7th Cir.1983); Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir.1987), cert. denied, 485 U.S. 979 , 108 S.Ct. 1275 , 99 L.Ed.2d 486 (1988); Strength v. Hubert, 854 F.2d 421, 423-25 (11th Cir.1988); Macko v. Byron, 760 F.2d 95, 97 (6th Cir.1985); Williams v. Hepting, 844 F.2d 138, 142 (3d Cir.), cert. denied 488 U.S. 851 , 109 S.Ct. 135 , 102 L.Ed.2d 107 (1988); see generally Martin A. Schwartz & John E.
discussed Cited as authority (rule) 98 Cal. Daily Op. Serv. 7387, 98 Daily Journal D.A.R. 10,270, 98 Daily Journal D.A.R. 11,957 Lucille Moreland, Demarrion Quintrell Jett and Dominisha Lanae Jett, Two Minor Children, by and Through Annette Lavon Jett, as Their Natural Mother and General Guardian v. Las Vegas Metropolitan Police Department Officer James G. Burns Officer Jack W. Pope
9th Cir. · 1998 · confidence medium
See, e.g., Briscoe v. LaHue, 460 U.S. 325 , 326 n. 1, 103 S.Ct. 1108 , 75 L.Ed.2d 96 (1983) ("The Court has held that the prosecutor's knowing use of perjured testimony violates due process, but has not held that the false testimony of a police officer in itself violates constitutional rights."); Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir.1987) (finding an officer to be entitled to absolute immunity for any constitutional violation caused by perjurious testimony against plaintiff); see also White v. Frank, 855 F.2d 956, 961-62 (2d Cir.1988) (holding that an officer who initiates baseless pr…
discussed Cited as authority (rule) Moreland v. Las Vegas Metropolitan Police Department
9th Cir. · 1998 · confidence medium
See, e.g., Briscoe v. LaHue, 460 U.S. 325 , 326 n. 1, 103 S.Ct. 1108 , 75 L.Ed.2d 96 (1983) (“The Court has held that the prosecutor’s knowing use of perjured testimony violates due process, but has not held that the false testimony of a police officer in itself violates constitutional rights.”); Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir.1987) (finding an officer to be entitled to absolute immunity for any constitutional violation caused by perjurious testimony against plaintiff); see also White v. Frank, 855 F.2d 956, 961-62 (2d Cir.1988) (holding that an officer who initiates basel…
discussed Cited as authority (rule) Lyles v. US Postal Service
4th Cir. · 1996 · confidence medium
See San Filippo v. U.S. Trust Co., 737 F.2d 246 , 254 (2d Cir.1984), cert. denied, 470 U.S. 1035 , 105 S.Ct. 1408 , 84 L.Ed.2d 797 (1985); Macko v. Byron, 760 F.2d 95, 97 (6th Cir.1985) (per curiam); Kincaid v. Eberle, 712 F.2d 1023, 1023-24 (7th Cir.) (per curiam), cert. denied, 464 U.S. 1018 , 104 S.Ct. 551 , 78 L.Ed.2d 725 (1983); Anthony v. Baker, 955 F.2d 1395, 1400-01 (10th Cir.1992); Strength v. Hubert, 854 F.2d 421, 423-25 (11th Cir.1988) (per curiam); cf. Williams v. Hepting, 844 F.2d 138, 141-43 (3d Cir.) (immunizing testimony given in adversarial pretrial proceeding), cert. denied, …
discussed Cited as authority (rule) Lyles v. Sparks
4th Cir. · 1996 · confidence medium
See San Filippo v. U.S. Trust Co., 737 F.2d 246 , 254 (2d Cir.1984), cert. denied, 470 U.S. 1035 , 105 S.Ct. 1408 , 84 L.Ed.2d 797 (1985); Macko v. Byron, 760 F.2d 95, 97 (6th Cir.1985) (per curiam); Kincaid v. Eberle, 712 F.2d 1023, 1023-24 (7th Cir.) (per curiam), cert. denied, 464 U.S. 1018 , 104 S.Ct. 551 , 78 L.Ed.2d 725 (1983); Anthony v. Baker, 955 F.2d 1395, 1400-01 (10th Cir.1992); Strength v. Hubert, 854 F.2d 421, 423-25 (11th Cir.1988) (per curiam); cf. Williams v. Hepting, 844 F.2d 138, 141-43 (3d Cir.) (immunizing testimony given in adversarial pretrial proceeding), cert. denied, …
cited Cited as authority (rule) Emmett M. Oliver v. San Francisco Police Department Charles Siani Geoffrey Williams and Marty Lalor
9th Cir. · 1995 · confidence medium
Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir. 1987) (absolute witness immunity)
examined Cited as authority (rule) Randall Curtis v. Brian Bembenek (3×)
7th Cir. · 1995 · confidence medium
See Moore v. McDonald, 30 F.3d 616, 619-20 (5th Cir. 1994) (deputy sheriffs testimony in criminal defendant’s pretrial suppression hearing absolutely immune); Strength v. Hubert, 854 F.2d 421, 423-25 (11th Cir.1988) (investigator for state attorney general’s office entitled to absolute immunity regarding grand jury testimony); Daloia v. Rose, 849 F.2d 74, 75-76 (2d Cir.) (FBI agents and police officer entitled to absolute immunity for testimony at pretrial suppression hearing), cert. denied, 488 U.S. 898 , 109 S.Ct. 242 , 102 L.Ed.2d 231 (1988); Williams v. Hepting, 844 F.2d 138, 142-43 (3…
discussed Cited as authority (rule) Merwin Michael Hill v. Charles Pyeatte, Deputy County Attorney Bernie Hill, Detective, Scottsdale Police Department (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
Holt v. Castaneda, 832 F.2d 123, 125-26 (9th Cir.1987); Blevins v. Ford, 572 F.2d 1336, 1338 (9th Cir.1978). 4 Here, appellant filed a Sec. 1983 civil rights complaint alleging prosecutorial misconduct during grand jury proceedings.
discussed Cited as authority (rule) John Pershing Wolfe, Jr. v. State of Arizona
9th Cir. · 1992 · confidence medium
Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir.1987), cert. denied, 485 U.S. 979 (1988); Blevins v. Ford, 572 F.2d 1336, 1338 (9th Cir.1978). 5 Although Wolfe in his complaint alleges conspiracy between the state and state witnesses and between the prosecution and defense counsel, his appeal is limited to his claims relating to the damage to him from the "libel-defamation" of Detective Swearingin who he claims falsely intimated he was a child molester.
discussed Cited as authority (rule) Ronald Glen Mattson v. Violet Lenore Healey J.J. Kellum
9th Cir. · 1992 · confidence medium
Hudson v. Palmer, 468 U.S. 517, 533 (1984); Parratt v. Taylor, 451 U.S. 527, 543 (1981), overruled in part on other grounds, Daniels v. Williams, 474 U.S. 327 (1986) and Davidson v. Cannon, 474 U.S. 344 (1986). 12 Secondly, as the Magistrate quoted in his report, 13 For reasons of public policy, those who testify in the course of judicial proceedings have long enjoyed absolute immunity from civil suits based on their words, whether perjurious or not. 14 Blevin v. Ford, 572 F.2d 1336, 1338 (9th Cir.1987); see also Briscoe v. LaHue, 460 U.S. 325 (1983) (recognizing immunity for private and state…
discussed Cited as authority (rule) Robert Carl Anthony v. Daniel G. Baker, Individually and as Deputy Sheriff of the County of El Paso, Colorado (2×)
10th Cir. · 1992 · confidence medium
See, e.g., Williams v. Hepting, 844 F.2d 138, 142-43 (3rd Cir.) (absolute immunity extends to witness who testifies at preliminary hearing), cert. denied, 488 U.S. 851 , 109 S.Ct. 135 , 102 L.Ed.2d 107 (1988); Holt v. Castaneda, 832 F.2d 123, 125-26 (9th Cir.1987) (witness who testifies in adversarial preliminary hearing is absolutely immune), cert. denied, 485 U.S. 979 , 108 S.Ct. 1275 , 99 L.Ed.2d 486 (1988); Daloia v. Rose, 849 F.2d 74, 76 (2d Cir.) (witness who testifies at pretrial suppression hearing is absolutely immune), cert. denied, 488 U.S. 898 , 109 S.Ct. 242 , 102 L.Ed.2d 231 (198…
discussed Cited as authority (rule) Joe Burns, Jr. v. County of King, Joe Burns, Jr. v. County of King John Doe, Commissioner, Individually and in His Official Capacity as Director of Harborview Medical Center Carole Warwick, Individually and in Her Official Capacity as Social Worker for the County of King (2×)
9th Cir. · 1989 · confidence medium
Burns contends on appeal that in so doing the district court applied the principle of absolute witness immunity too broadly. 10 Under the Supreme Court's decision in Briscoe v. Lahue, 460 U.S. 325, 345-46 , 103 S.Ct. 1108, 1120-21 , 75 L.Ed.2d 96 (1983), as interpreted by this court in Holt v. Castaneda, 832 F.2d 123, 127 (9th Cir.1987), cert. denied, --- U.S. ----, 108 S.Ct. 1275 , 99 L.Ed.2d 486 (1988), witnesses are absolutely immune from suits for damages under 42 U.S.C.
discussed Cited as authority (rule) Burns v. County of King (2×)
9th Cir. · 1989 · confidence medium
Under the Supreme Court’s decision in Briscoe v. Lahue, 460 U.S. 325, 345-46 , 103 S.Ct. 1108, 1120-21 , 75 L.Ed.2d 96 (1983), as interpreted by this court in Holt v. Castaneda, 832 F.2d 123, 127 (9th Cir.1987), cert. denied, — U.S. —, 108 S.Ct. 1275 , 99 L.Ed.2d 486 (1988), witnesses are absolutely immune from suits for damages under 42 U.S.C. § 1983 for testimony given at trial, or for testimony given during adversarial pretrial proceedings.
discussed Cited as authority (rule) Bruce v. Byrne-Stevens & Associates Engineers, Inc. (2×)
Wash. · 1989 · confidence medium
Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir.1987); Williams v. Hepting, 844 F.2d 138 (3d Cir.1988). *127 Guardians, therapists and attorneys who submit reports to family court are absolutely immune.
discussed Cited as authority (rule) Daloia v. Rose
2d Cir. · 1988 · confidence medium
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 police officer witness.” Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir.1987); see also, Myers v. Morris, 810 F.2d 1437, 1466 (8th Cir.), cert. denied, — U.S. -, 108 S.Ct. 97 , 98 L.Ed.2d 58 (1987); Tripati v. INS, 784 F.2d 345, 348 (10th Cir.1986).
discussed Cited as authority (rule) Daloia v. Rose
2d Cir. · 1988 · confidence medium
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 police officer witness." Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir.1987); see also, Myers v. Morris, 810 F.2d 1437, 1466 (8th Cir.), cert. denied, --- U.S. ----, 108 S.Ct. 97 , 98 L.Ed.2d 58 (1987); Tripati v. INS, 784 F.2d 345, 348 (10th Cir.1986).
discussed Cited as authority (rule) Williams v. Hepting (2×) also: Cited "see"
3rd Cir. · 1988 · confidence medium
In Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir.1987), the court noted: 21 In adversarial pretrial proceedings, as in trials, the witness testifies in court, under oath, under the supervision of the presiding judge and is subject to criminal prosecution for perjury. 22 Witnesses at trial are afforded absolute immunity to encourage complete disclosure in judicial proceedings.
discussed Cited as authority (rule) Williams v. Hepting (2×) also: Cited "see"
3rd Cir. · 1988 · confidence medium
In Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir.1987), the court noted: In adversarial pretrial proceedings, as in trials, the witness testifies in court, under oath, under the supervision of the presiding judge and is subject to criminal prosecution for perjury.
discussed Cited as authority (rule) White v. Frank (2×) also: Cited "see"
S.D.N.Y. · 1988 · confidence medium
Recently, the Ninth Circuit answered in the affirmative the question “whether a police officer who gives perjurious testimo *635 ny during adversarial pretrial proceedings in a criminal matter is entitled to absolute immunity from liability for damages flowing from his testimony.” Holt v. Castaneda, 832 F.2d 123, 124 (9th Cir.1987).
cited Cited "see" Palismo v. California Department of Corrections
9th Cir. · 2005 · signal: see · confidence high
See Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir.1987).
discussed Cited "see" Tammy D. Scarbrough, Carol C. Davis v. Bryant Myles, Jr., Chuck Hall
11th Cir. · 2001 · signal: see · confidence high
In preserving the integrity of the judicial process, absolute immunity for witnesses minimizes intimidation that might discourage testifying and "enhances reliability because those who testify will be less likely to. distort their testimony in favor of a future plaintiff in a civil suit for damages.” Strength v. Hubert, 854 F.2d 421, 424 (11th Cir.1988) (per curiam); see Holt v. Castaneda, 832 F.2d 123, 127 (9th Cir.1987) ("In adversarial' pretrial proceedings as well as at trial, absolute witness immunity is essential if the truth-seeing function of the proceeding is to be fully served.”)…
discussed Cited "see" Tammy D. Scarbrough v. Bryant Myles, Jr.
11th Cir. · 2001 · signal: see · confidence high
Id. at 19 (emphasis added). 12 In preserving the integrity of the judicial process, absolute immunity for witnesses minimizes intimidation that might discourage testifying and "enhances reliability because those who testify will be less likely to distort their testimony in favor of a future plaintiff in a civil suit for damages." Strength v. Hubert, 854 F.2d 421, 424 (11th Cir.1988) (per curiam); see Holt v. Castaneda, 832 F.2d 123, 127 (9th Cir.1987) ("In adversarial pretrial proceedings as well as at trial, absolute witness immunity is essential if the truth-seeing function of the proceeding…
cited Cited "see" Forsythe v. City of Burbank
9th Cir. · 2001 · signal: see · confidence high
See Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir.1987). .
cited Cited "see" Cheryl Borjon v. City of Simi Valley, a Political Entity Steve Ming, as an Individual and as a Police Officer for the City of Simi Valley
9th Cir. · 1998 · signal: see · confidence high
See Holt v. Castaneda, 832 F.2d 123, 124-27 (9th Cir.1987).
cited Cited "see" Murray E. Fields v. Elizabeth MacEo Richard Rogers Lee Fischler Robert McCannally Claudia Holband
9th Cir. · 1995 · signal: see · confidence high
Briscoe v. LaHue, 460 U.S. 325, 335 (1983); see Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir.1987).
Retrieving the full opinion text from the archive…
Chauncey Marvin HOLT, Plaintiff-Appellant,
v.
Richard Modesto CASTANEDA, Defendant-Appellee
87-5621.
Court of Appeals for the Ninth Circuit.
Nov 6, 1987.
832 F.2d 123
1987 U.S. App. LEXIS 14828
Chauncey Marvin Holt, pro se., Bernard Richard Deetman, San Diego, Cal., for defendant-appellee Richard Modesto Castaneda.
Goodwin, Alarcon, Leavy.
Cited by 62 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 88%
Citer courts: Ninth Circuit (1)
[*124] ALARCON, Circuit Judge:

The question presented in this case is whether a police officer who gives perjurious testimony during adversarial pretrial proceedings in a criminal matter is entitled to absolute witness immunity from liability for damages flowing from his testimony. Our reading of Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) compels us to conclude that a person may not maintain an action for damages under 42 U.S.C. § 1983 (1982) against a police officer who gives perjurious testimony during pretrial proceedings in a criminal case. Accordingly, we affirm the district court’s dismissal of plaintiffs complaint in this case.

I.

Plaintiff-appellant Chauncey Marvin Holt (Holt) appeals from an order dismissing his First Amended Complaint (complaint) with prejudice. Holt’s pro se complaint sought damages under 42 U.S.C. § 1983 (1982) for violation of his federal constitutional rights as the result of perjurious testimony given by defendant-appellee Richard Modesto Castaneda (Castaneda) at pretrial proceedings in a criminal prosecution brought against Holt. Specifically, the complaint alleges that Castaneda gave perjurious testimony during a preliminary examination and a hearing on a motion to quash search warrants in the Municipal Court of the North County Judicial District of the County of San Diego, California and in the San Diego Superior Court at a consolidated hearing of Holt’s motions to suppress evidence, to quash search warrants, to set aside the information, and to dismiss for unreasonable delay.

Castaneda moved to dismiss the complaint under Fed.R.Civ.P. 12(b)(6), claiming absolute immunity. The district court granted Castaneda’s motion and dismissed the complaint with prejudice. On appeal, Holt contends that the district court erred in dismissing his complaint because absolute immunity is not accorded police officers who commit penury in pretrial proceedings.

II.

An order dismissing a complaint with prejudice is final and appealable. Conerly v. Westinghouse Electric Corp., 623 F.2d 117, 119 (9th Cir.1980). We have jurisdiction over Holt’s timely appeal under 28 U.S.C. § 1291 (1982).

III.

“A decision to dismiss a complaint for failure to state a claim upon which relief can be granted is reviewable de novo.” Preferred Communications, Inc. v. City of Los Angeles, 754 F.2d 1396, 1399 (9th Cir.1985), aff'd, 476 U.S. 488, 106 S.Ct. 2034, 90 L.Ed.2d 480 (1986). The issue of immunity is a question of law and is also reviewable de novo. See Crooks v. Maynard, 820 F.2d 329, 331 (9th Cir.1987), cert. granted — U.S. -, 108 S.Ct. 744, — L.Ed.2d — (judicial immunity).

We will uphold an order dismissing a pro se complaint for failure to state a claim under 42 U.S.C. § 1983 (1982) only if, construing the complaint liberally, it is beyond doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief. See Hughes v. Rowe, 449 U.S. 5, 10, 101 S.Ct. 173, 176, 66 L.Ed.2d 163 (1980); Jones v. Community Redevelopment Agency, 733 F.2d 646, 648-49 (9th Cir.1984).

iv.

The starting point for our analysis is the Supreme Court’s opinion in Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983). The Court there held that a convicted defendant could not state a claim for damages under 42 U.S.C. § 1983 (1982) against a police officer who had allegedly given perjurious testimony during the trial on the issue of guilt. The Court based its ruling on the absolute immunity accorded at common law to witnesses in judicial proceedings. Section 1983, the Court explained, did not abrogate common law immunity. Moreover, “the common law provided absolute immunity from subsequent damages liability for all persons—[*125] governmental or otherwise — who were integral parts of the judicial process.” 460 U.S. at 335, 103 S.Ct. at 1115-16. Accordingly, police officer witnesses enjoy the same absolute immunity from liability under section 1983 that private witnesses enjoy.

The matter before this court concerns a police officer who allegedly gave perjurious testimony during pretrial proceedings. We see no principled basis for distinguishing between the pretrial proceedings and the trial on the merits in determining whether absolute immunity should be granted to a police officer witness. Immunity analysis rests on “functional categories.” Id. at 342, 103 S.Ct at 1119. The functions of a witness are identical at an adversarial pretrial hearing and at the trial on the merits. In both types of proceedings, the witness assists the trier of fact in ascertaining the truth. In adversarial pretrial proceedings, as in trials, the witness testifies in court, under oath, under the supervision of the presiding judge and is subject to criminal prosecution for perjury. Moreover, in adversarial pretrial matters, the witness is available for cross-examination. The existence of these checks “undermines the argument that the imposition of civil liability is the only way to prevent a witness from inflicting constitutional injury through false testimony.” Briggs v. Goodwin, 569 F.2d 10, 54 (D.C.Cir.1977), cert. denied, 437 U.S. 904, 98 S.Ct. 3089, 57 L.Ed.2d 1133 (1978), modified on reh’g, 712 F.2d 1444 (D.C.Cir.1983), cert. denied, 464 U.S. 1040, 104 S.Ct. 704, 79 L.Ed.2d 169 (1984) (Wilkey, J., dissenting).

The rationale for according absolute immunity to a witness against a claim based on court testimony applies with equal force in both trial and pretrial settings. Whether testifying at trial or in a pretrial proceeding, a witness who knows he may be subjected to costly and time-consuming civil litigation for offering testimony that he is unable to substantiate may consciously or otherwise shade his testimony in such a way as to limit potential liability. As a result, “the paths which lead to the ascertainment of truth” may be obstructed. See Briscoe, 460 U.S. at 333-34 & n. 13, 103 S.Ct. at 1114-15 & n. 13 (quoting Calkins v. Sumner, 13 Wis. 193, 197 (1860)).

We are fortified in our conclusion that we should not attempt to distinguish trial from pretrial testimony, for the purpose of according absolute witness immunity, by the apparent absence of any such distinction at common law. The Briscoe Court itself noted that common law witness immunity protected all persons “from subsequent damages liability for their testimony in judicial proceedings.” 460 U.S. at 330-31, 103 S.Ct. at 1113 (footnote omitted; emphasis added). Other courts, including this one, had earlier reached the same conclusion. See, e.g., Charles v. Wade, 665 F.2d 661, 666 (5th Cir.1982), cert. denied, 460 U.S. 1036, 103 S.Ct. 1426, 75 L.Ed.2d 787 (1983) (“It is clear that at common law a witness was absolutely protected from any suit arising from his testimony in a judicial proceeding, ... even if his testimony was perjured and malicious.”); Briscoe v. LaHue, 663 F.2d 713, 718 (7th Cir.1981), aff'd, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (“Under the English common law, witnesses have long enjoyed absolute immunity from civil liability arising from their testimony.”); Conley v. Office of the Public Defender, 653 F.2d 1241, 1242 (8th Cir.1981) (“Witnesses are absolutely immune from section 1983 remedy actions arising from their testimony in judicial proceedings.”); Blevins v. Ford, 572 F.2d 1336, 1338 (9th Cir.1978) (“[T]hose who testify in the course of judicial proceedings have long enjoyed absolute immunity from civil suits based on their words, whether perjurious or not.”); Briggs, 569 F.2d at 51 (Wilkey, J., dissenting) (the common law rule of absolute immunity “means that a witness in judicial proceedings cannot be held liable in civil damages for injury that ensues from any relevant testimony”).

We also note that many courts, including the Supreme Court itself, have understood Briscoe to apply beyond the narrow confines of criminal trials to judicial proceedings generally. 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, because they are integral parts of the judicial process); Myers v. Morris, 810 F.2d 1437, 1466 (8th Cir.1987), cert. denied, — U.S. -, 108 S.Ct. 97, 98 L.Ed.2d 58 (“the immunity [discussed in Briscoe ] extends beyond oral testimony”; it covers “reports and recommendations to the family court”); Tripati v. INS, 784 F.2d 345, 348 (10th Cir.1986) (citing Briscoe in holding that federal probation officers were absolutely immune from liability for damages stemming from allegedly false statements in a pretrial bond report and in a presentence report); Macko v. Byron, 760 F.2d 95, 97 (6th Cir.1985) (citing Briscoe in holding that witnesses who testified before grand jury were absolutely immune from civil liability under section 1983 based on their testimony, even if knowingly penurious); San Filippo v. U.S. Trust Co., 737 F.2d 246, 254 (2d Cir.1984), cert. denied, 470 U.S. 1035, 105 S.Ct. 1408, 84 L.Ed.2d 797 (1985) (dictum) (stating that “it must follow” from Briscoe that grand jury witnesses are protected by the same absolute immunity that is enjoyed by witnesses at trial); Flynn v. Dyzwilewski, 644 F.Supp. 769, 773-74 (N.D.Ill.1986) (citing Cleavinger and Bris-coe in holding that attorney was absolutely immune from damages based on his testimony at hearing on inmate’s motion to vacate sentence); Buchanan v. Ford, 638 F.Supp. 168, 171 (N.D.N.Y.1986) (citing Briscoe in holding that social worker was absolutely immune from liability based on false testimony at family court preliminary proceeding). This court has given Briscoe a similarly expansive reading. See Meyers v. Contra Costa County Dep’t of Social Services, 812 F.2d 1154, 1156 (9th Cir.1987), cert. denied, — U.S. -, 108 S.Ct. 98, 98 L.Ed.2d 59 (citing Briscoe in holding that social worker was absolutely immune from liability for testimony at child dependency proceedings and a custody hearing).

Of particular interest is Briggs v. Goodwin, 712 F.2d 1444 (D.C.Cir.1983), cert. denied, 464 U.S. 1040, 104 S.Ct. 704, 79 L.Ed.2d 169 (1984), in which the D.C. Circuit read Briscoe to apply to “any judicial proceeding where the testimony of witnesses might be affected by the lack of immunity”:

The fact that Briscoe involved statements at a trial whereas this case involves statements at a hearing on a motion during the grand jury phase of an investigation is not a distinction that allows a different result. Briscoe emphasized the concern that the absence of immunity would interfere with the ability of “judicial proceedings” “to determine where the truth lies.” That concern applies not only to trials, but to any judicial proceeding where the testimony of witnesses might be affected by the lack of immunity. Thus, the rationale of Bris-coe applies with equal force whenever a witness testifies in a judicial proceeding the function of which is to ascertain factual information.

Id. at 1448-49 (footnotes omitted).

Appellant asserts that the Briscoe Court expressly reserved the question of immunity for witnesses in pretrial proceedings and that the outcome in this case, therefore, is not controlled by Briscoe. Appellant bases his assertion on the following footnote in the Court’s opinion:

The petition [for writ of certiorari] does not raise the question of immunity for testimony at pretrial proceedings such as probable-cause hearings, nor does petitioners’ brief discuss whether the same immunity considerations that apply to trial testimony also apply to testimony at probable-cause hearings. We therefore do not decide whether respondent LaHue is entitled to absolute immunity for allegedly false testimony at two probable-cause hearings regarding petitioner Bris-coe.

460 U.S. at 329 n. 5, 103 S.Ct. at 1112 n. 5.

We read the Supreme Court’s language as reserving the question of immunity for witnesses at probable-cause hearings in particular, rather than at all pretrial proceedings in general. It is understandable that the Court would defer decision on immunity for witnesses at probable-cause hearings. As Justice Marshall observed in dissent, “the policy considerations applicable to testimony at a probable-cause hear[*127] ing differ substantially from those relevant to testimony at a trial. For instance, the absence of cross-examination at probable-cause hearings increases the risk that false testimony will go undetected.” 460 U.S. at 352 n. 10, 103 S.Ct. at 1124 n. 10 (Marshall, J., dissenting). Indeed, one court, citing Justice Marshall’s observations, has already refused to extend the Briscoe holding to immunize witnesses who give perjurious testimony at probable-cause hearings. See Wheeler v. Cosden Oil and Chemical Co., 734 F.2d 254, 261, modified, 744 F.2d 1131 (5th Cir.1984).

In contrast, as discussed above, the policy considerations applicable to adversarial pretrial proceedings, such as those held in this case, are identical to the policy considerations relevant to testimony at a trial on the merits. In both settings, the risk that false testimony will go undetected is minimized by submitting the testimony to “the crucible of the judicial process so that the factfinder may consider it, after cross-examination, together with the other evidence in the case to determine where the truth lies.” Imbler v. Pachtman, 424 U.S. 409, 440, 96 S.Ct. 984, 999, 47 L.Ed.2d 128 (1976) (White, J., concurring in judgment), quoted in Briscoe, 460 U.S. at 334, 103 S.Ct. at 1115. In 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 served.

Even if we assume that Holt is correct in his assertion that the Court reserved the question of immunity for witnesses at all pretrial proceedings, we must address that issue in this matter. For the reasons discussed above, we hold that witnesses who testify in court at adversarial pretrial hearings are absolutely immune from liability under section 1983 for damages allegedly caused by their testimony. The district court’s judgment of dismissal, therefore, is AFFIRMED.