Does a witness have absolute immunity from liability for giving perjured testimony?

MultiRegion, United States of America

The following excerpt is from Franklin v. Terr, 201 F.3d 1098 (9th Cir. 2000):

A witness has absolute immunity from liability for civil damages under S 1983 for giving perjured testimony at trial. See Briscoe v. LaHue, 460 U.S. 325, 326 (1983). In this case of first impression, we must decide whether a witness also has absolute immunity from liability for civil damages under S 1983 for conspiring to present her own and another witness's perjured testimony at trial. The district court held that a witness has such immunity. See Franklin v. Terr, No. 972443, 1998 WL 230983, at *1 (N.D. Cal. Apr. 30, 1998). We agree and affirm.

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