Can a hearing officer, parole officer, hearing officer and parole official be immunized from prosecution?

MultiRegion, United States of America

The following excerpt is from Stewart v. Lattanzi, 832 F.2d 12 (2nd Cir. 1987):

This court looks at the function of the individual in determining the appropriate level of immunity given a government official. In this case, the appellant contends that the district court erred in determining, without any proof of function, that the defendants, parole officer, hearing officer and parole official, were automatically entitled to absolute immunity. This assertion has validity. Some factual inquiry must be made to determine whether the duties of the defendants were judicial or prosecutorial in nature entitling them, or any of them, to absolute immunity. Alternatively, this factual inquiry may show their duties to be administrative in nature, entitling the defendants to qualified immunity. See Anderson v. New York State Div. of Parole, 546 F.Supp. 816 (S.D.N.Y.1982).

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