Imbler v. Pachtman, 424 US 409 (1976)
Imbler, a convicted murderer, unsuccessfully petitioned the State of California for a writ of habeas corpus seeking release from prison on the grounds that Pachtman, the state prosecuting attorney, had "knowingly used false testimony and suppressed material evidence at [the] petitioner's [criminal] trial."
Failing in the State courts, the petitioner filed a writ of habeas corpus in federal court and was granted release. He then brought suit against Pachtman, personally, under federal code 42 USC § 1983 seeking damages for loss of liberty and deprivation of his constitutional rights.
The Court held that the federal code should be read "in harmony with general principles of tort immunities and defenses, rather than in derogation of them," giving the a State prosecuting attorney who acts within the scope of his duties in initiating and pursuing criminal prosecution against a defendant "[absolute immunity] from a civil suit for damages under § 1983 for alleged deprivations of the accused's constitutional rights."
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Imbler v. Pachtman, 424 US 409 (1976)Imbler, a convicted murderer, unsuccessfully petitioned the State of California for a writ of habeas corpus seeking release from prison on the grounds that Pachtman, the state prosecuting attorney, had "knowingly used false testimony and suppressed material evidence at [the] petitioner's [criminal] trial."Failing in the State courts, the petitioner filed a writ of habeas corpus in federal court and was granted release. He then brought suit against Pachtman, personally, under federal code 42 USC § 1983 seeking damages for loss of liberty and deprivation of his constitutional rights.The Court held that the federal code should be read "in harmony with general principles of tort immunities and defenses, rather than in derogation of them," giving the a State prosecuting attorney who acts within the scope of his duties in initiating and pursuing criminal prosecution against a defendant "[absolute immunity] from a civil suit for damages under § 1983 for alleged deprivations of the accused's constitutional rights."You can search US Reports by volume or year at Justia.com, accessible via Related Links, below.
When the issue is again brought before the Supreme Court.
Depends on the issue. The Supreme Court can send it back to the lower court, not hear it, or they can hear it.
Supreme Court will review cases from four states on the freedom to marry.
No. This issue will probably work its way up to the Supreme Court, but hasn't yet.
A certificate
The constitutional issue of the supreme court case Wisconsin verses yoder indicated that, children should not attend school full time, in order for them to get religion time.
they can issue a supreme court decision
There is no telling which case or what kind of a case the Supreme Court will hear. If a case is simple, it never will get to the Supreme Court. Cases that reach the Supreme Court have gone through one or more appeals processes. Sometimes a appeal reaches the Supreme Court when a federal court of appeals has made a ruling different from another federal court of appeals. In that case, the supreme court is asked to certify an issue. That is a fancy term meaning to play referee. The Supreme Court certifies an issue when it takes up an issue where district courts of appeal have made different rulings concerning the application of the same law. (Sometimes the Supreme Court refuses to take up the issue. In that case it simply states, "Cert. Denied.") Normally, all cases that reach the Supreme Court have come from the Federal Courts of Appeal or the Highest State Court. However, the Supreme Court reserves the right to sit as a court of original jurisdiction. The last time the Supreme Court granted a writ of Habeas Corpus was 1924. It retains that right. I doubt if any member on the Supreme Court has any idea under what conditions that would happen. Still, it retains that right.
If what you mean by a federal system you mean a supreme court, then NO. The only person who can bring a case to the supreme court is a lower court. Typically a case will get heard in a circuit court, then if contested, the findings will be reviewed by an appeals court and if it gets farther than that it will be reviewed by a state supreme court and eventually (only if it is a federal issue) it will be heard by the US supreme court. So technically a police officer can't bring it there, but he/she can be the initiator of the case on the lower level.Cheers!
yes
There is no court above the Supreme Court, therefore once they have ruled on an issue there is no higher court to hear an appeal. Their rulings are the last word on the issue.