(DOWNLOAD) "Johnson v. Lally" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Johnson v. Lally
- Author : New Mexico Court of Appeals
- Release Date : January 21, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
BOSSON, Judge. Plaintiff sues under 42 U.S.C. Section 1983 (1988) (Civil Rights Act), for violation of his civil rights by Defendant, an
assistant district attorney, who allegedly initiated criminal proceedings against him maliciously and without cause. Because
of absolute prosecutorial immunity, Defendant cannot be sued for monetary damages. See Burns v. Reed , 500 U.S. 478 (1991).
Instead, Plaintiff seeks a declaratory judgment, which is not precluded by prosecutorial immunity, declaring that his civil
rights were violated by Defendant's past conduct. See Supreme Court of Va. v. Consumers Union of the United States, Inc. ,
446 U.S. 719, 736-37 (1980); Figueroa v. Clark , 810 F. Supp. 613, 615 (E.D. Pa. 1992). The question before us on appeal
is whether a declaratory judgment is an appropriate remedy solely to vindicate past grievances, when that judgment would have
no significant, practical effect or purpose with regard to any future conduct of the parties. Under these circumstances the
district court declined to issue declaratory relief, and on appeal, we affirm.
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