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. Witness immunity from civil liability is a corollary to the secrecy principle, and further ensures that the tribunal is not deprived of testimony. Two recent decisions addressed the scope of grand jury witness civil immunity in the context of 42 U.S.C. ' 1983 actions. In Rehberg v. Paulk, 132 S.Ct. 1497 (2012), the Supreme Court held that grand jury witnesses, like trial witnesses, are absolutely immune from liability from a ' 1983 suit. Meanwhile, an important decision out of the Southern District of New York, Frederick v. N.Y.C., 11 Civ. 469 (S.D.N.Y. Oct. 11, 2012), addressed grand jury witness immunity in a ' 1983 suit against a third party (as opposed to the witness).