TX9: Witness and ADAs allegedly providing false information for SWs are absolutely immune from civil cases

Witnesses who had provided affidavits in the underlying criminal case were entitled to absolute witness immunity, regardless of whether they gave false testimony. Prosecutors in that case who allegedly participated in falsifying evidence and writing a perjured search warrant were entitled to absolute prosecutorial immunity, regardless of whether they had malicious intent. Hartman v. Barker, 2020 Tex. App. LEXIS 1436 (Tex. App. – Beaumont Feb. 20, 2020).

The affidavit for search warrant showed probable cause on the face of the affidavit. The motion to suppress alludes to a potential Franks violation, but there is no “substantial preliminary showing” of a knowing or reckless falsity. United States v. Flippo, 2020 U.S. Dist. LEXIS 28602 (E.D. Tenn. Feb. 19, 2020).*

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