Burns v. Reed

Burns v. Reed
Supreme Court of the United States
Argued November 28, 1990 Decided May 30, 1991
Full case name	Cathy Burns, Petitioner v. Rick Reed
Citations	500 U.S. 478 (more) 111 S. Ct. 1934; 114 L. Ed. 2d 547; 1991 U.S. LEXIS 3018; 59 U.S.L.W. 4536; 91 Cal. Daily Op. Service 3961; 91 Daily Journal DAR 6290
Holding
A state prosecuting attorney is absolutely immune from liability for damages under § 1983 for participating in a probable cause hearing, but not for giving legal advice to the police.
Court membership
Chief Justice William Rehnquist Associate Justices Byron White · Thurgood Marshall Harry Blackmun · John P. Stevens Sandra Day O'Connor · Antonin Scalia Anthony Kennedy · David Souter
Case opinions
Majority	White, joined by Rehnquist, Stevens, O'Connor, Kennedy, Souter
Concur/dissent	Scalia, joined by Blackmun; Marshall (part III)
Laws applied
42 U.S.C. § 1983

Burns v. Reed, 500 U.S. 478 (1991), was a United States Supreme Court case. A prosecutor was absolutely immune from damages based upon positions taken in a probable cause hearing for a search warrant. The same prosecutor was not held entitled to immunity for giving legal advice to the police about the legality of an investigative practice.^[1]

Wikisource has original text related to this article:

Burns v. Reed

• Text of Burns v. Reed, 500 U.S. 478 (1991) is available from: Google Scholar Justia Library of Congress Oyez (oral argument audio)

This article related to the Supreme Court of the United States is a stub. You can help Wikipedia by expanding it.

• v
• t
• e