Charles A. Rehberg v. James P. Paulk, et al

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JUNE 8, 2012
JOHN LEY
CLERK
[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 09-11897
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D. C. Docket No. 07-00022-CV-WLS-1
CHARLES A. REHBERG,
Plaintiff-Appellee,
versus
JAMES P. PAULK,
in his individual capacity,
KENNETH B. HODGES, III,
in his individual capacity and
in his official capacity as District
Attorney of Dougherty County
KELLY R. BURKE, in his
individual capacity,
Defendants-Appellants,
DOUGHERTY COUNTY,
Defendant.

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Appeal from the United States District Court
for the Middle District of Georgia
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(June 8, 2012)
ON REMAND FROM THE SUPREME COURT
OF THE UNITED STATES
Before CARNES, HULL and ANDERSON, Circuit Judges.
PER CURIAM:
On March 21, 2011, the United States Supreme Court granted Plaintiff
Rehberg’s petition for certiorari as to the portion of this Court’s July 16, 2010
decision in Rehberg v. Paulk, 611 F.3d 828, 839–40 (11th Cir. 2010), that
concluded Defendant Paulk had absolute immunity for his grand jury testimony.
On April 2, 2012, the United States Supreme Court affirmed. Rehberg v. Paulk,
566 U.S. —, 132 S. Ct. 1497 (2012). We now remand this case to the United
States District Court for the Middle District of Georgia for further proceedings
consistent with our July 16, 2010 opinion, and specifically for entry of judgment in
favor of the Defendants on all claims except for the retaliatory prosecution claim
against Paulk in Count 7 of Rehberg’s complaint.
REMANDED.
2

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