Fogle v. Sokol

#1983 #Immunity

04/20/2020- Fogle spent more than three decades in prison for a crime he says he did not commit. Now free, he sued the Indiana County District Attorney, the Indiana County Assistant District Attorney, and Indiana County.


The Prosecutors filed a motion to dismiss based on absolute immunity. The District Court denied the motion. The panel of the Third Circuit affirmed, concluding Fogle alleged claims based on actions by the Prosecutors outside the traditional policy limitations that define absolute immunity.


The opinion offers an in-depth analysis of absolute versus qualified immunity.


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