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Opinion
101 S. Ct. 3147 · Supreme Court of the United States · Jun 29, 1981
Full text
Mitchell v. Zweibon Nixon v. Smith and Zweibon v. Mitchell
S.D. New York · Sep 24, 1996
D. Connecticut · May 16, 1995
Third Circuit · Oct 18, 1994
Third Circuit · Jul 7, 1994
Parentheticals
finding the collateral order test satisfied because the question of immunity from suit was totally unconnected with the merits of the action
also cited as Forsyth I because the court of appeals decided both cases in a single opinion
statute designed to deter or prevent government from improperly invading individual privacy
“the decision of the Attorney General, or a prosecuting attorney, to initiate a prosecution is not made in a vacuum ... [t]he right to make the decision ... must include some limited right to gather necessary information”
If Attorney General's authorization of warrantless wiretap was made in attempt to secure information to determine whether to initiate a criminal prosecution, then he was entitled to absolute immunity. Case remanded to district court for development of the record
claim of absolute official immunity
