Monday, March 15, 2010

Defines complaining witness (9th Cir.)

Pain v. City of Lompoc (9th Cir.)

Absolute witness immunity does not extend to "complaining witnesses," those individuals whose allegations serve to bring about a prosecution. Malley v. Briggs, 475 U.S. 335 (1986); Harris v. Roderick, 126 F.3d 1189, 1198-99 (9th Cir. 1997) (holding that police officer witnesses are not entitled to absolute witness immunity for perjured grand jury testimony that brings about a wrongful prosecution).

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