Congressional Digest

Supreme Court Debates February 2010 No. 2 Vol. 13
United States of America, Amicus Curiae

Prosecutorial Immunity

Suing State Officials for Civil Rights Violations

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United States of America, Amicus Curiae

Elena Kagan, Solicitor General

The United States has filed an amicus brief because of the issues of Federal law involved in this case. Elena Kagan was nominated by President Barack Obama to be Solicitor General on January 26, 2009, and was confirmed by the U.S. Senate on March 19, 2009. Prior to that, she was dean of the Harvard Law School. The following is excerpted from the Amicus Curiae Brief for the Petitioners as submitted to the U.S. Supreme Court on July 20, 2009. This Court has interpreted Section 1983 to provide absolute immunity to prosecutors for activities “intimately associated with the judicial phase…

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