Civil Rights — absolute immunity — grand jury testimony

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U.S. Supreme Court

Civil

Civil Rights — absolute immunity — grand jury testimony

A witness in a grand jury proceeding is entitled to the same absolute immunity from suit under §1983 as a witness who testifies at trial.

A trial witness sued under §1983 enjoys absolute immunity from any claim based on his testimony. Briscoe v. LaHue, 460 U. S. 352. Without absolute immunity, the truth-seeking process would be impaired as witnesses might be reluctant to testify, and even a witness who took the stand “might be inclined to shade his testimony in favor of the potential plaintiff ” for “fear of subsequent liability.” Id., at 333. These factors apply with equal force to grand jury witnesses. In both contexts, a witness’ fear of retaliatory litigation may deprive the tribunal of critical evidence. And in neither context is the deterrent of potential civil liability needed to prevent false testimony because other sanctions, chiefly prosecution for perjury, provide a sufficient deterrent.    For the reasons identified in Briscoe, supra, at 342–344, there is no reason to distinguish law enforcement witnesses from lay witnesses in §1983 actions. And the rule that a grand jury witness has absolute immunity from any §1983 claim based on the witness’ testimony may not be circumvented by claiming that a grand jury witness conspired to present false testimony, or by using evidence of the witness’ testimony to support any other §1983 claim concerning the initiation or maintenance of a prosecution. Were it otherwise, a criminal defendant turned civil plaintiff could reframe a claim to attack the preparatory activity—such as a preliminary discussion in which the witness relates the substance of his intended testimony—rather than the absolutely immune actions themselves.

611 F. 3d 828, affirmed.

10-788 Rehberg v. Paulk

Local effect: The court cites with approval, the extension of absolute immunity to witnesses at preliminary hearings. Curtis v. Bembenek, 48 F.3d 281, 284-285 (7th Cir. 1995).

Alito, J.