54 F3d 694 Elder v. Athens-Clarke County Georgia O'Looney Ceo W | Open Jurist

54 F3d 694 Elder v. Athens-Clarke County Georgia O'Looney Ceo W | Open Jurist: "The district court ruled that Brown's alleged misconduct took place prior to the judicial phase of the criminal process, assuming for the purposes of the motion that the prosecutor, in fact, conspired with the jailers to cover up their conduct by filing a diversionary prosecution against this plaintiff. The district court therefore concluded that only qualified immunity shields Brown in this action; and because the complaint alleges malicious conduct, qualified immunity offers no protection"