Erik Redeemer v. Gregg Rossman

District Court of Appeal of Florida

Erik Redeemer v. Gregg Rossman

169 So. 3d 258, 2015 Fla. App. LEXIS 10380, 2015 WL 4111314

CourtDistrict Court of Appeal of Florida

DecidedJuly 8, 2015

Docket4D14-1119

StatusPublished

This text of 169 So. 3d 258 (Erik Redeemer v. Gregg Rossman) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Erik Redeemer v. Gregg Rossman, 169 So. 3d 258, 2015 Fla. App. LEXIS 10380, 2015 WL 4111314 (Fla. Ct. App. 2015).

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Opinion

GROSS, J.

We affirm the order dismissing a civil tort complaint against a prosecutor upon prosecutorial immunity grounds.

Almost every court that has considered the prosecutorial conduct at issue in this case “has determined that prosecutors are entitled to absolute immunity from suits ... claiming that the plaintiffs constitutional rights were violated as a result of the initiation of an extradition process.” Uribe v. Cohen, 3:04 CV 1723 CFD, 2006 WL 2349567, at *3 (D.Conn.2006) (footnote omitted); see, e.g., Larsen v. Early, 842 F.Supp. 1310, 1313 (D.Colo.1994) (prosecutor entitled to absolute immunity since “extradition is intimately associated with the judicial phase of the criminal process” (internal quotation omitted)); Cleary v. Andersen, 423 F.Supp. 745, 748 (D.Neb.1976) (“[I]t is apparent that the proper discharge of the prosecutor’s duties in the criminal justice system requires that he be accorded unhampered discretion in deciding when to seek the extradition of an individual.”); Rivera v. Algarin, 350 Fed.Appx. 703, 708 (3d Cir.2009) (“Ricca’s efforts to initiate extradition proceedings against Rivera are prosecutorial in nature and entitle her to immunity from liability.”); Cross v. Meisel, 720 F.Supp. 486, 489 (E.D.Pa.1989); Arebaugh v. Dalton, 600 F.Supp. 1345, 1351 (E.D.Va.1985); Brooks v. Fitch, 534 F.Supp. 129, 132 (D.N.J.1981) (“[T]he decisions to extradite *259 and to issue an arrest warrant fall within the scope of absolute immunity.”). The justification is obvious considering the purpose of extradition. As the federal Fourth Circuit Court of Appeals explained in Dababnah v. Keller-Burnside, 208 F.3d 467, 472 (4th Cir.2000), “[ijnsuring that a defendant is present both for trial and for punishment is critical to a prosecutor’s discharge of her duties.... Indeed, if a convicted defendant is not available for punishment, the prosecution itself would be rendered pointless.”

Affirmed.

CIKLIN, C.J., and STEVENSON, J., concur.

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GROSS, J.

We affirm the order dismissing a civil tort complaint against a prosecutor upon prosecutorial immunity grounds.

Almost every court that has considered the prosecutorial conduct at issue in this case “has determined that prosecutors are entitled to absolute immunity from suits ... claiming that the plaintiffs constitutional rights were violated as a result of the initiation of an extradition process.” Uribe v. Cohen, 3:04 CV 1723 CFD, 2006 WL 2349567, at *3 (D.Conn.2006) (footnote omitted); see, e.g., Larsen v. Early, 842 F.Supp. 1310, 1313 (D.Colo.1994) (prosecutor entitled to absolute immunity since “extradition is intimately associated with the judicial phase of the criminal process” (internal quotation omitted)); Cleary v. Andersen, 423 F.Supp. 745, 748 (D.Neb.1976) (“[I]t is apparent that the proper discharge of the prosecutor’s duties in the criminal justice system requires that he be accorded unhampered discretion in deciding when to seek the extradition of an individual.”); Rivera v. Algarin, 350 Fed.Appx. 703, 708 (3d Cir.2009) (“Ricca’s efforts to initiate extradition proceedings against Rivera are prosecutorial in nature and entitle her to immunity from liability.”); Cross v. Meisel, 720 F.Supp. 486, 489 (E.D.Pa.1989); Arebaugh v. Dalton, 600 F.Supp. 1345, 1351 (E.D.Va.1985); Brooks v. Fitch, 534 F.Supp. 129, 132 (D.N.J.1981) (“[T]he decisions to extradite *259 and to issue an arrest warrant fall within the scope of absolute immunity.”). The justification is obvious considering the purpose of extradition. As the federal Fourth Circuit Court of Appeals explained in Dababnah v. Keller-Burnside, 208 F.3d 467, 472 (4th Cir.2000), “[ijnsuring that a defendant is present both for trial and for punishment is critical to a prosecutor’s discharge of her duties.... Indeed, if a convicted defendant is not available for punishment, the prosecution itself would be rendered pointless.”

Affirmed.

CIKLIN, C.J., and STEVENSON, J., concur.

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169 So. 3d 258, 2015 Fla. App. LEXIS 10380, 2015 WL 4111314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/erik-redeemer-v-gregg-rossman-fladistctapp-2015.

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