Coleman v. Stephens

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT June 23, 2016
_________________________________
Elisabeth A. Shumaker
Clerk of Court
COY-CE COLEMAN,
Plaintiff - Appellant,
v. No. 16-6057
(D.C. No. 5:15-CV-01264-C)
CHRIS STEPHENS, (W.D. Okla.)
Defendant - Appellee.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before LUCERO, MURPHY, and MATHESON, Circuit Judges.
_________________________________
Coy-Ce Coleman appeals the district court’s dismissal of his complaint.
Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
Coleman filed suit against Assistant United States Attorney Chris Stephens
seeking nearly $72 million in damages. He alleged that Stephens violated numerous
federal laws in prosecuting him for two counts of interstate stalking. Stephens filed a
motion to dismiss, raising various defenses including absolute prosecutorial
*
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument. This order and judgment is not binding
precedent, except under the doctrines of law of the case, res judicata, and collateral
estoppel. It may be cited, however, for its persuasive value consistent with
Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
immunity. The district court dismissed the complaint on that ground. Coleman
timely appeals.
Because Coleman’s allegations against Stephens—to the extent that we can
discern them—stem solely from Stephens’ actions in prosecuting Coleman, we agree
with the district court that Stephens is entitled to absolute prosecutorial immunity.
See Imbler v. Pachtman, 424 U.S. 409, 431 (1976) (“[I]n initiating a prosecution and
in presenting the State’s case, the prosecutor is immune from a civil suit for
damages . . . .”).
The judgment of the district court is AFFIRMED.
Entered for the Court
Carlos F. Lucero
Circuit Judge
2