Lawrence E. Joseph and R. Frank Joseph v. L. Brooks Patterson

Lawrence and R. Frank Joseph appeal the district courts dismissal of their complaint pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief can be granted. The Josephs brought this action under 42 U.S.C. ? 1983 against three county prosecutors and two investigators employed by the county prosecutors office for alleged civil rights violations. The issue on appeal is whether the district court erred in finding that dismissal was required by Imbler v. Pachtman, 424 U.S. 409, 47 L. Ed. 2d 128, 96 S. Ct. 984 (1976), in which the Supreme Court held that a prosecutor is immune from a ? 1983 damages suit for alleged civil rights violations committed "in initiating a prosecution and in presenting the States case." Id. at 431. For the reasons stated below, we reverse the district courts judgment and remand this case to the district court for further proceedings consistent with this opinion.