Hosta

Briscoe v. LaHue, 460 U.S. 325 (1983), was a United States Supreme Court case in which the Court held that Title 42 U.S.C. § 1983 did not authorize a convicted state defendant to assert a claim for damages against a police officer for giving perjured testimony at the defendant's criminal trial. In other words, police officers have absolute immunity from civil liability for lying on the stand in criminal cases. Officers may still theoretically be criminally liable for perjury, and the Court's reasoning was based on that liability sufficing as a deterrent, but that means the complaint cannot come from the person who faced the harm. The objection must come from agents of the state.

External links

• Text of Briscoe v. LaHue, 460 U.S. 325 (1983) is available from: Google Scholar  Justia  Library of Congress  Oyez (oral argument audio)