June 30, 2026·25-30401·Per Curiam·By Aisha Johnson
The Fifth Circuit affirmed the dismissal of a civil rights action against prosecutors who allegedly suborned perjured testimony. The court held that absolute immunity bars such claims regardless of the alleged misconduct.
Tyrone Clofer appealed the district court’s dismissal of his action brought under Section nineteen eighty-three of Title forty-two of the United States Code. Clofer alleged that the defendants, acting as prosecutors, suborned perjured testimony and presented it to a grand jury to obtain an indictment.
The court’s reasoning
The court concluded that absolute immunity bars the plaintiff’s civil rights claims against the former prosecutors. The court found that Clofer failed to show error in the district court’s determination that the defendants acted within the scope of their duties. The court noted that the plaintiff has abandoned all other claims presented in the district court.
What it means going forward
Prosecutors remain shielded from civil liability for alleged misconduct involving the presentation of evidence to a grand jury, even when accused of suborning perjury.
