Myers v. Gagen
Myers v. Gagen
Opinion of the Court
ORDER
Damon Myers is an Indiana inmate who was convicted of child molesting. Claiming that Melissa Gagen, the prosecutor who tried the case against him, committed misconduct amounting to a constitutional
On appeal Myers has clarified that Ga-gen’s role was that of prosecutor and not defense counsel, but the clarification does not help his cause. Although prosecutors act under color of state law, they are absolutely immune from suits under § 1983 challenging conduct that is “intimately associated with the judicial phase of the criminal process.” Imbler v. Pachtman, 424 U.S. 409, 430, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976); see also Redwood v. Dobson, 476 F.3d 462, 466 (7th Cir. 2007). Because Myers’s suit challenges Gagen’s conduct at trial — undoubtedly part of the judicial phase of the criminal process — the dismissal of Myers’s suit is
AFFIRMED.
Reference
- Full Case Name
- Damon A. MYERS v. Melissa Ann GAGEN
- Cited By
- 1 case
- Status
- Published