Skip to main content

Foster v. Wearry

Certiorari Denied

Petition for certiorari denied on May 15, 2023.

Docket No.22-857
Op. Below5th Cir.

Issue

(1) Whether preparing witnesses to bolster existing evidence intended for use at the criminal trial, after probable cause has been determined, is a function "intimately associated with the judicial phase of the criminal process" and "in presenting the State"s case" such that absolute immunity applies under Imbler v. Pachtman and its progeny; and (2) whether the absolute immunity that applies to prosecutors for conduct under the "functional approach" embraced in Imbler extends to law enforcement officers performing the same conduct while assisting in the prosecution of the criminal charge.

Proceedings & orders timeline

Jan 5, 2023
Application (22A608) to extend the time to file a petition for a writ of certiorari from January 25, 2023 to March 13, 2023, submitted to Justice Alito.
Jan 9, 2023
Application (22A608) granted by Justice Alito extending the time to file until February 24, 2023.
Feb 24, 2023
Petition for a writ of certiorari filed. (Response due April 7, 2023)
Apr 25, 2023
DISTRIBUTED for Conference of 5/11/2023.
May 15, 2023
Petition DENIED.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.