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443 F. App'x 334
10th Cir.
2011
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Background

  • 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)
Read the full case

Case Details

Case Name: Blazier v. Larson
Court Name: Court of Appeals for the Tenth Circuit
Date Published: Oct 4, 2011
Citations: 443 F. App'x 334; 11-4056
Docket Number: 11-4056
Court Abbreviation: 10th Cir.
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    Blazier v. Larson, 443 F. App'x 334