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Arrest Warrants:
Kalina v. Fletcher

Appealed From: U.S. Court of Appeals, 9th Circuit
Subjects: Civil Rights; Immunity; Section 1983; Warrants

Argued: Oct. 7, 1997

Decided: Dec. 10, 1997
Vote: 9-0

At Issue: Whether a prosecutor who allegedly made false statements to obtain an arrest warrant is entitled to absolute immunity from a civil rights claim filed by the person who was arrested.

Decision: Writing for a unanimous court, Justice John Paul Stevens stated that prosecutors who obtain warrants dishonestly may be sued by the person who was arrested.

Read the full text of the Kalina v. Fletcher decision at the FindLaw Internet Legal Resources Web site.

Read the lower court opinion on the U.S. Court of Appeals, 9th Circuit Web site.


Background from The Post
Supreme Court Rules That Civil Fines Don't Bar Later Criminal Prosecution (Dec. 11, 1997)

Sources: The Washington Post, Supreme Court, The United States Law Week (a Bureau of National Affairs, Inc. publication)


© Copyright 1997 The Washington Post Company

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