On April 2, 2012, the U.S. Supreme Court unanimously held in Rehberg v. Paulk1 that grand jury witnesses are absolutely immune from §1983 liability for their testimony, and also for conspiring to give false testimony. The decision resolves a number of important §1983 litigation issues that generated conflicting opinions in the circuits. Justice Samuel A. Alito Jr. wrote the opinion for the court.
Charles Rehberg, a CPA, sent anonymous faxes to the management of a hospital in Georgia, criticizing the hospital’s management and operations. In response, the district attorney’s office launched an investigation against Rehberg, allegedly as a favor to hospital officials. Rehberg was indicted for, inter alia, assaulting a physician, burglary, and making harassing telephone calls. After all the criminal charges were dismissed, Rehberg brought suit in federal district court under 42 U.S.C. §1983 seeking money damages against James Paulk, the chief investigator in the local district attorney’s office in his personal capacity. The complaint alleged that Paulk “conspired to present and did present false testimony to the grand jury,” causing Rehberg to be indicted in violation of his constitutionally protected rights.
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