Grand Jury Immunity and Section 1983 Actions

Two recent decisions addressed the scope of grand jury witness civil immunity in the context of 42 U.S.C. ' 1983 actions. They are discussed herein.

21 minute read November 26, 2012 at 03:23 PM
By
Howard W. Goldstein
Grand Jury Immunity and Section 1983 Actions

The principle of grand jury secrecy, which is entrenched in U.S. jurisprudence, stems from the dual policy considerations of preventing the intimidation of those who testify before a grand jury who might later appear as trial witnesses, and protecting grand jury witnesses from retaliatory litigation.

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