Donald Mikkov.Paul Howard, Et Al.
Donald Mikko, the former director of the Atlanta Police Department crime laboratory, alleged that Fulton County prosecutors caused his firing after learning that he had prepared an expert report and planned to testify for a criminal defendant in Florida. Mikko sued under Section 1983, claiming that the prosecutors conspired to violate his First Amendment rights. The district court denied their motion for judgment on the pleadings based on prosecutorial and qualified immunity. The Eleventh Circuit held that the prosecutors’ alleged conduct involved an attempt to control expert work outside their prosecutorial jurisdiction and was not protected by absolute prosecutorial immunity. It nevertheless held that qualified immunity applied because the complaint did not show a clearly established constitutional violation under the circumstances. The court reversed the denial of qualified immunity and remanded with directions to enter judgment for the prosecutors on that basis.
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