Supreme Court Holds Grand Jury Witnesses Absolutely Immune from § 1983 Liability

5 Pages Posted: 27 Jun 2014 Last revised: 30 Sep 2014

See all articles by Martin A. Schwartz

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center

Date Written: 2013

Abstract

This essay discusses the Supreme Court's ruling in Rehberg v. Paulk, 132 S. Ct. 1497 (2012), which extended the absolute witness immunity recognized in Briscoe v. LaHue, to grand jury witnesses. In an unanimous opinion, written by Justice Samuel A. Alito, Jr., the Court held that grand jury witnesses are absolutely immune from §1983 liability for their testimony, and even for conspiring to give false testimony.

Note: Reprinted with permission from: Municipal Lawyer Journal, Summer 2013, Vol. 27, No. 2, published by the New York State Bar Association, One Elk Street, Albany, NY 12207.

Keywords: Rehberg, §1983, section 1983, grand jury witness, Supreme Court, absolute immunity, police officers, state and local officials

Suggested Citation

Schwartz, Martin A., Supreme Court Holds Grand Jury Witnesses Absolutely Immune from § 1983 Liability (2013). 27 Mun. Law. 5 (2013), Touro Law Center Legal Studies Research Paper Series No. 14-38, Available at SSRN: https://ssrn.com/abstract=2458688

Martin A. Schwartz (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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