Dolores Forste v. Joseph Hensley , 405 F. App'x 94 ( 2010 )


Menu:
  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 09-3974
    ___________
    Delores Forste and Steve Forste,     *
    *
    Appellants,               *
    * Appeal from the United States
    v.                             * District Court for the
    * Western District of Missouri.
    Joseph Hensley and John Briggs,      *
    * [UNPUBLISHED]
    Appellees.                *
    ___________
    Submitted: November 18, 2010
    Filed: December 27, 2010
    ___________
    Before WOLLMAN, BYE, and SHEPHERD, Circuit Judges.
    ___________
    PER CURIAM.
    Delores Forste and Steve Forste appeal the district court’s1 dismissal of their
    complaint against Joseph Hensley and John Briggs. We affirm.
    On July 16, 2007, Joseph Hensley was appointed “Special Prosecutor” by a
    Missouri state court “for the investigation into the pending criminal charges” against
    Delores Forste. Subsequent to the appointment, Hensley filed charges of kidnapping,
    1
    The Honorable James C. England, United States Magistrate Judge for the
    Western District of Missouri, to whom the case was referred for final disposition by
    consent of the parties pursuant to 
    28 U.S.C. § 636
    (c).
    financial exploitation, and interference with custody against Delores Forste and her
    husband Steve Forste. After Hensley withdrew from the appointment, the same state
    court appointed John Briggs as “Special Prosecutor for the investigation into the
    pending criminal charges against” Delores Forste and Steve Forste. Briggs continued
    the charges against the Forstes from November 29, 2007, the date of Briggs’s
    appointment, until June 4, 2008, when the charges against the Forstes were dismissed.
    The Forstes sued under 
    42 U.S.C. § 1983
    , claiming that Hensley and Briggs
    exceeded the scope of their “Special Prosecutor” appointments when they brought and
    continued criminal charges against the Forstes. The district court dismissed the
    complaint, finding Hensley and Briggs were vested with absolute prosecutorial
    immunity.
    In support of their argument, the Forstes focus on the language of the
    appointment that, they contend, only allowed Hensley and Briggs to conduct an
    “investigation.” The Forstes further note that the appointment lacks any reference to
    section 56.110 of the Missouri Revised Statutes, which provides the process for
    appointing a special prosecutor when the elected prosecutor has recused.
    In Imbler v. Pachtman, the Supreme Court held that “in initiating a prosecution
    and in presenting the State’s case, the prosecutor is immune from a civil suit for
    damages under § 1983.” 
    424 U.S. 409
    , 431 (1976). “Absolute immunity covers
    prosecutorial functions such as the initiation and pursuit of a criminal prosecution, the
    presentation of the state’s case at trial, and other conduct that is intimately associated
    with the judicial process.” Brodnicki v. City of Omaha, 
    75 F.3d 1261
    , 1266 (8th Cir.
    1996). However, prosecutors are entitled only to qualified immunity when their
    actions are “investigatory” or “administrative” in nature. 
    Id.
    Clearly, absolute prosecutorial immunity applies to Hensley and Briggs in this
    action. Both were appointed by order of the Circuit Court of Jasper County, Missouri
    -2-
    as “Special Prosecutor.” By virtue of their appointed positions, they were authorized
    to bring charges if they found probable cause to do so. As the Supreme Court
    explained, determining whether absolute prosecutorial immunity is appropriate turns
    on “the nature of the function performed, not the identity of the actor who performed
    it.” Buckley v. Fitzsimmons, 
    509 U.S. 259
    , 269 (1993) (quotation omitted). Thus,
    because the Forstes’ claim solely relates to the act of bringing criminal charges against
    them, Hensley and Briggs are entitled to the same absolute prosecutorial immunity
    that would apply to an elected prosecutor. See Rehberg v. Paulk, 
    611 F.3d 828
    , 851
    (11th Cir. 2010) (“[A] special prosecutor appointed to stand in for [the elected
    prosecutor] . . . receives the full scope of absolute prosecutorial immunity and is
    absolutely immune for . . . claims of malicious prosecution.”); DeCamp v. Douglas
    Cnty. Franklin Grand Jury, 
    978 F.2d 1047
    , 1053-54 (8th Cir. 1992) (holding that
    special prosecutors who assisted a grand jury in drafting an official report were
    entitled to absolute immunity because their actions were “intimately associated with
    the judicial phase of the criminal process” (quoting Imbler, 
    424 U.S. at 430
    )).
    Accordingly, we affirm the district court’s dismissal of the Forstes’ complaint.
    ______________________________
    -3-
    

Document Info

Docket Number: 09-3974

Citation Numbers: 405 F. App'x 94

Judges: Wollman, Bye, Shepherd

Filed Date: 12/27/2010

Precedential Status: Non-Precedential

Modified Date: 11/5/2024