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Mowbray v. Cameron County, Texas

The district court did not err in dismissing a suit brought against the prosecutors who participated in the trial of the plaintiff whose conviction for her husbands murder was set aside after she served nine years in prison; the prosecutors acts of choosing expert witnesses, preparing those witnesses for trial, and performing the states trial duties fall under the protection of absolute immunity.

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Appeals from the United States District Court for the Southern District of Texas

After Fredda “Susan” Mowbray (“Mowbray”) had served nine years in prison for her husband’s murder, her conviction was set aside, whereupon, under 42 U.S.C. � 1983 and state law, she sued the county that had jailed her and the three prosecutors, three police officers, and the county lab technician who had participated in her trial; she also sued her husband’s heirs to regain the proceeds from his life insurance policy. The district court dismissed all of Mowbray’s claims but one, against Officer George Gavito.

Mowbray appeals several Fed. R. Civ. P. 12(b)(6) dismissals and a summary judgment based on prosecutorial immunity, absolute witness immunity, and qualified immunity, and a dismissal based on res judicata. Gavito appeals a denial of summary judgment based on qualified immunity. We affirm the dismissals and summary judgment that Mowbray challenges, but we reverse the denial of summary judgment to Gavito and render judgment for him.

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