Burns v. Reed

1991 United States Supreme Court case

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

## References

[edit]

1. ^ Burns v. Reed, 478 F.2d (1991).

## External links

[edit]

* 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

*[v]: View this template
*[t]: Discuss this template
*[e]: Edit this template