Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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).
Rehberg v. Paulk
The question in Rehberg v. Paulk was “whether a 'complaining witness' in a grand jury proceeding is entitled to the same immunity in an action under 42 U.S.C. ' 1983 as a witness who testifies at trial.” Charles A. Rehberg, an accountant, allegedly sent anonymous faxes to a hospital in Albany, NY, criticizing the management and the hospital's billing practices. James P. Paulk, the lead investigator in the local prosecutor's office, investigated the incident. This probe lead to Rehberg's being indicted for aggravated assault, burglary and six counts of making a harassing phone call. There were certain allegations that Rehberg assaulted a doctor by unlawfully entering his house. The indictment was dismissed after Rehberg challenged its sufficiency. Rehberg was indicted two more times, and both indictments were ultimately dismissed. Paulk later admitted that he did not conduct interviews in the matter and had no evidence to support the claims against Rehberg.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.