Fifth Circuit: Courtney Morgan v. Scott Freshour, et al


Execution of administrative warrant under the auspices of the state medical board and the subsequent preparation of a report is  entitled to the qualified immunity of law enforcement, not the absolute immunity of a prosecutor.

Claims of malicious prosecution and abuse of process are inherently tort claims, not constitutional violations, and do not sound in S1983 actions -- any underlying constitutional violation must be raised according to its own terms.

Remand for the district court to consider whether underlying plausible 4A claims were waived by the plaintiff's initial tort-based filing under notice pleading.


Courtney Morgan v. Scott Freshour, et al