Coffer v. Kliszewski

Background

Jonathan Christopher Coffer, a state prisoner proceeding without a lawyer, filed a civil-rights complaint under 42 U.S.C. § 1983. He sought money damages from Mark Kliszewski, the judge who sentenced him in his criminal case, and the district attorney who prosecuted him.

The court found that Coffer had already filed an earlier case raising the same claim against the judge. In a concurrent order, the court dismissed that earlier complaint with leave to file an amended complaint. The earlier case did not name the district attorney.

Court’s discussion

The court stated that Coffer must identify all of his claims and defendants in an amended complaint in the earlier case. It said he could include allegations against the district attorney there. The court also explained that a state prosecutor has absolute immunity from liability under § 1983 for conduct undertaken while pursuing a criminal prosecution as the State’s advocate and closely connected to the judicial phase of the criminal process. The court stated that prosecutors receive only qualified immunity for investigative or administrative functions, and that courts examine the function performed rather than the person’s identity.

Disposition

The court dismissed this case as duplicative. It directed Coffer to bring all his claims and name all defendants in the earlier-filed case. The court vacated the pending motion to file by mail. It also stated that, to the extent Coffer sought relief concerning self-harm, he should speak with prison staff and could file a case in the Eastern District of California, where he is incarcerated.