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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.

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  • Burns v. Reed
rdfs:comment
  • 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.
foaf:name
  • Cathy Burns, Petitioner v. Rick Reed
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  • Scalia
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ArgueDate
  • --11-28
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  • Burns v. Reed,
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  • --05-30
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  • Cathy Burns, Petitioner v. Rick Reed
Holding
  • A state prosecuting attorney is absolutely immune from liability for damages under ยง 1983 for participating in a probable cause hearing, but not for giving legal advice to the police.
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Litigants
  • Burns v. Reed
majority
  • White
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  • Rehnquist, Stevens, O'Connor, Kennedy, Souter
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  • 172800.0
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  • 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.
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  • Blackmun; Marshall
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