Case Citator › Greg Myers, Etc. v. R. Kathleen Morris, Scott County Attorney, Etc.

Greg Myers, Etc. v. R. Kathleen Morris, Scott County Attorney, Etc.

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Eighth Circuit
Citation
810 F.2d 1437
Decided
Confirmed treatments
1
Flagged citations read
82 of 82
Citing cases (total)
525
Treatment dates
1991
Abrogated
A reviewed court treats this case as abrogated by later authority. Greg Myers, Etc. v. R. Kathleen Morris, Scott County Attorney, Etc. is abrogated in part: all 82 flagged citations have been read, and the one confirmed treatment is listed below. Burns v. Reed rejected Myers's extension of absolute prosecutorial immunity to legal advice given to police.
More on how this was screened

The later opinions repeatedly reported Burns's act while continuing to apply Myers's unaffected holdings concerning prosecutorial and quasi-judicial immunity, child-abuse investigations, family integrity, probable cause, and conspiracy pleading.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

525 later cases cite Greg Myers, Etc. v. R. Kathleen Morris, Scott County Attorney, Etc.; 82 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Greg Myers, Etc. v. R. Kathleen Morris, Scott County Attorney, Etc.?

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Treatments

Abrogated

  • The Supreme Court abrogated Myers's rule that a prosecutor receives absolute immunity for giving legal advice to police, holding that the function does not justify absolute immunity.

    Burns v. Reed · Supreme Court of the United States · filed

    In sum, we conclude that respondent has not met his burden of showing that the relevant factors justify an extension of absolute immunity to the prosecutorial function of giving legal advice to the police. ... The courts, however, have differed in where they draw the line between protected and unprotected activities. For example, the courts are split on the issue of whether absolute immunity extends to the act of giving legal advice to the police. Compare Wolfenbarger v. Williams, 826 F. 2d 930, 937 (CA10 1987), with 894 F. 2d 949 (CA7 1990) (case below); Marx v. Gumbinner, 855 F. 2d 783, 790 (CA11 1988); Myers v. Morris, 810 F. 2d 1437, 1449-1451 (CA8), cert. denied, 484 U. S. 828 (1987).
    Read the full opinion on CourtListener →

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