443 F. App'x 334
10th Cir.2011Background
- Blazier sues Utah County and deputy county attorney Larson alleging violations of constitutional rights in connection with an aborted prosecution under Utah Code § 76-8-508.3.
- Statute § 76-8-508.3 criminalizes retaliatory acts against a witness or victim, including harm to reputation, through threats or actions.
- Larson dismissed all charges but warned Blazier of potential reinitiation if Blazier continued public attacks on Menlove and his girlfriend.
- District court granted absolute prosecutorial immunity to Larson for alleged wrongful charging decisions and affirmed dismissal of the claims against him.
- Plaintiff sought injunctive relief against future prosecutions, which the district court denied as speculative and not warranting intervention.
- On appeal, the court reviews only the challenged damages and injunctive-relief claims against Larson in his individual and official capacities, affirming the district court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Larson have absolute prosecutorial immunity for decisions to prosecute? | Blazier argues immunity does not apply to alleged constitutional violations. | Larson contends charged decisions and related conduct fall within absolute immunity. | Yes; absolute immunity covers charging decisions and related actions. |
| Does immunity extend to conditional prosecutorial decisions like threats of charges? | Blazier argues conditional threats are outside immunity scope. | Larson's threats to file charges fall within prosecutorial function and immunity. | Yes; conditional prosecutorial decisions are protected. |
| Should injunctive relief against future state prosecutions be issued against Larson in his official capacity? | Blazier seeks preemptive injunctive relief to prevent future prosecutions. | Court should not enjoin future prosecutions absent exceptional circumstances. | No; Younger abstention and lack of exceptional circumstances defeat relief. |
Key Cases Cited
- Nielander v. Bd. of County Comm’rs, 582 F.3d 1155 (10th Cir. 2009) (absolute immunity covers prosecutorial decisions and actions)
- Stein v. Disciplinary Bd. of Supreme Ct. of N.M., 520 F.3d 1183 (10th Cir. 2008) (prosecutorial function includes what information to show the court)
- Schloss v. Bouse, 876 F.2d 287 (2d Cir. 1989) (threats of prosecution within authority may be protected)
- Arnold v. McClain, 926 F.2d 963 (10th Cir. 1991) (absolute immunity extends to related prosecutorial decisions)
- Wooley v. Maynard, 430 U.S. 705 (1977) (courts avoid enjoining criminal prosecutions unless exceptional circumstances)
