A Prosecutor’s Failure To Withdraw Material Witness Warrant Is Not Covered By Absolute Immunity
In Kassa v. Fulton County, the United States Court of Appeals for the Eleventh Circuit reversed and remanded a district court decision that dismissed a 42 U.S.C. § 1983 action on the grounds of prosecutorial immunity. As a matter of first impression, the Eleventh Circuit addressed whether absolute prosecutorial immunity insulates a state prosecutor from litigation after the prosecutor’s failure to cancel a material witness warrant resulted in a witness’s arrest and detainment.