Johnson v. Rex
Cases that cite this one
39 later published cases cite this decision. The 25 that cite it most often are listed here.
- Charles Richard Riley v. James M. Dorton (4th Cir. 1996)
- Cooney v. White (Wyo. 1992)
- Cooney v. Park County (Wyo. 1990)
- George Rakovich v. Gregory Wade and Darryl Drake, George Rakovich v. Chester Kass (7th Cir. 1987)
- Josiah Haynesworth and Fred Hancock v. Frank P. Miller, Chief, Law Enforcement Section, Office of the Corporation Counsel, (Two Cases) (D.C. Cir. 1987)
- Villescas v. Richardson (United States District Court for the District of Colorado 2000)
- Paul Romero v. Damon Fay, Bob Stover, Chief of Police, and Albuquerque, City of John Doe, Albuquerque Police Officers (10th Cir. 1995)
- Gagan v. Norton (10th Cir. 1994)
- Larsen Ex Rel. Larsen v. Early (United States District Court for the District of Colorado 1994)
- Gagan v. Norton (10th Cir. 1994)
- Mee v. Ortega (10th Cir. 1992)
- Mee v. Ortega (10th Cir. 1992)
- Johnny Gray v. Detective Spillman Detective Bishop Detective Riggs Detective Cartner (4th Cir. 1991)
- Pfeiffer v. Hartford Fire Insurance Company (10th Cir. 1991)
- Harry Robinson and Kay Robinson, Eva May McCarthy and George Samuel Robinson v. Volkswagenwerk Ag, Greer & Greer, and Herzfeld & Rubin, P.C. (10th Cir. 1991)
- Austin v. Hamilton (10th Cir. 1991)
- Pfeiffer v. Hartford Fire Insurance (10th Cir. 1991)
- Robinson v. Volkswagenwerk AG (10th Cir. 1991)
- Austin v. Hamilton (10th Cir. 1991)
- Snell v. Tunnell (10th Cir. 1990)
- Naugle v. Witney (District Court, D. Utah 1990)
- Griffin v. Strong (District Court, D. Utah 1990)
- Snell v. Tunnell (10th Cir. 1990)
- Earl Edwin Gobel and Michael J. Defranco v. Maricopa County, Thomas E. Collins, David P. Stoller, and Frank Gary (9th Cir. 1989)
- Larry and Karen Spielman v. Sara C. Hildebrand and Don Madsen (10th Cir. 1989)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Donald E. JOHNSON, Jr.
v.
Randall Edward REX.
No. 84-1990
Supreme Court of the United States
November 4, 1985
On Petition for Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit.
The petition for writ of certiorari is denied.
Chief Justice BURGER, with whom Justice REHNQUIST and Justice O'CONNOR join, dissenting.
In this case the United States Court of Appeals for the Tenth Circuit held that a prosecutor is not entitled to absolute immunity from liability in a civil rights suit brought under 42 U.S.C. § 1983 based upon the prosecutor's presence during questioning of the plaintiff. Absolute immunity was denied even though the prosecutor was present not as an investigator but as a counsel to advise on compliance with Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
In Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976), this Court established an absolute immunity for prosecutors engaged in activities associated with the criminal process. This Court left open the extent to which investigative activities by prosecutors would also come within the umbrella of absolute immunity. But the principle of absolute immunity established in Imbler was based on the need to ensure sound decisionmaking by the prosecutor by protecting from fear of retaliatory suits for vigorous law enforcement. Here the prosecutor was acting as an officer of the court in ensuring compliance with the Miranda requirements, and I would grant the petition for certiorari in order to define the applicability of absolute immunity in this context; surely the prosecutor's action was well within his function as a prosecutor and officer of the court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.