SCOTUS Absolute Immunity Case

In a §1983 case the U.S. Supreme Court granted certiorari on an absolute immunity defense for the grand jury testimony by a government investigator in a criminal case. Rehberg v. Paulk, 611 F.3d 828 (11th Cir. 2010), cert granted, ___ U.S. ____ (Mar. 21, 2011) (Docket # 10-788). There is a 7-4 split in circuits.

Question Presented: Whether a government official who acts as a "complaining witness" by presenting perjured testimony against an innocent citizen* is entitled to absolute immunity from a section 1983 claim for damages.

The ruling in this case could have implications for civil rights suits against CPS caseworkers who provide false evidence for removal orders, petitions, investigation orders, probable cause and shelter hearings, and possibly in trials. A complaining witness is a person who "set[s] the wheels of government in motion by instigating a legal action." Wyatt v. Cole, 504 U.S. 158, 164-165 (1992).

The certiorari filings are at http://www.scotusblog.com/case-files/cases/rehberg-v-paulk

* CPS agent testimony is often pure perjury.