Donald K. Alexander v. Bret Strand

Opinion

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No. 95-2521

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Donald K. Alexander, *

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Appellant, *

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v. * * Appeal from the United States Bret Strand, * District Court for the * Western District of Missouri.

Defendant, * * [UNPUBLISHED]

Jane Garland, *

*

Appellee. *

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Submitted: March 5, 1996

Filed: March 8, 1996

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Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

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PER CURIAM.

Donald Alexander filed a 42 U.S.C. § 1983 action against Boone County Assistant Prosecutor Jane Garland, alleging that she threatened his courtappointed public defender during the course of criminal proceedings against Alexander, thus depriving him of competent legal counsel at trial. The

1

district court granted Garland's motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), concluding that she had absolute immunity. Alexander appeals.

1 The Honorable D. Brook Bartlett, Chief Judge, United States District Court for the Western District of Missouri.

We agree with the district court that Garland's alleged acts, occurring during pre-trial motions and arguments when she was acting in a prosecutorial capacity, fell within the scope of absolute immunity. See Burns v. Reed, 500 U.S. 478, (1991); Imbler v. Pachtman, 424 U.S. 409, 430- 31 (1976); cf. Snelling v. Westhoff, 972 F.2d 199, 200 (8th Cir. 1992) (per curiam) (allegations that prosecutor conspired with witness to give false testimony do not defeat immunity), cert. denied, 506 U.S. 1053 (1993).

Accordingly, we affirm.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.