Judge cuts bulk of Alec Baldwin malicious prosecution suit over ‘Rust’ shooting

Baldwin sued the New Mexico prosecutors who brought criminal charges against him over a film set pistol discharge that killed cinematographer Halyna Hutchins in 2021.(CN) — A federal judge in New Mexico tossed the majority of claims actor Alec Baldwin filed against the prosecutors who brought criminal charges against him following the fatal shooting of a crew member while filming the movie “Rust.”U.S. District Judge Kea Riggs found two prosecutors enjoyed prosecutorial immunity on the bulk of Baldwin’s claims.Cinematographer Halyna Hutchins died shortly after being wounded when a pistol Baldwin was holding discharged during a rehearsal on the film set of the western movie. The incident, which occurred in October 2021 at a ranch on the outskirts of Santa Fe, also injured director Joel Souza.Baldwin, the lead actor and coproducer, was rehearsing a close-up shot of him pointing and cocking the pistol. The firearm was loaded with live rounds instead of dummy rounds and a live round unexpectedly discharged from the gun when Baldwin cocked it.In early 2023, prosecutors charged Baldwin with two counts of involuntary manslaughter, with a firearm sentencing enhancement. The case went to trial in July 2024, but was cut short following conflicting testimony that revealed the state had withheld ammunition that could have been the source of the live round on set.The trial court dismissed the criminal case, citing the state’s “egregious discovery violations constituting misconduct and the false testimony.”Baldwin then sued state and county prosecutors in early 2025, accusing them of misconduct while investigating and prosecuting his criminal case, as well as defamation and violating his civil rights. He accused them of being motivated to pursue charges against him to “promote their political agendas … or to further their own personal agendas or professional ambitions.”Weeks ago, Riggs dismissed claims against Kari Morrissey, one of the special prosecutors on the case, finding she was entitled to prosecutorial immunity.“Sometimes, it is better to leave unredressed the wrongs done by an allegedly dishonest prosecutor than to subject those who try to do their duty to the constant dread of retaliation,” Riggs wrote on Sept. 30. “This is one of those times.”The Donald Trump appointee landed on a similar conclusion Wednesday when considering Baldwin’s claims against Mary Carmack-Altwies, the district attorney for the First Judicial District of the state of New Mexico, and Andrea Reeb, the former district attorney for the Ninth Judicial District and a state representative who was appointed as a special prosecutor.“And so, even though the court is concerned by the allegations of misconduct by defendants Carmack-Altwies and Reeb, it recognizes that, as prosecutors, they are entitled to invoke the protection of absolute prosecutorial immunity,” Riggs wrote.Baldwin contended neither Carmack-Altwies nor Reeb had the constitutional and statutory authority to charge him with any offense based on Carmack-Altwies’ decision to co-prosecute the case with Reeb and Reeb’s dual service as state legislator and special prosecutor.Riggs found Carmack-Altwies is entitled to absolute prosecutorial immunity for all claims except for those stemming from her role in the accused investigation and destruction of the gun that killed Hutchins.“On the continuum between advocacy and investigation, defendant Carmack-Altwies’ involvement in the alleged investigation and destruction of the gun was too far removed from the judicial process to entitle her to absolute prosecutorial immunity,” Riggs wrote.However, the claims based on Carmack-Altwies’ “alleged statements to the media or her alleged involvement with law enforcement’s investigation of the shooting” may proceed, as Carmack-Altwies didn’t seek dismissal.Riggs also found Reeb is entitled to prosecutorial immunity for the majority of claims as well.Carmack-Altwies appointed Reeb as special prosecutor in June 2022 and Reeb was elected as a state representative that November. Reeb withdrew from the case before it went to trial in 2023.While Riggs determined Reeb violated the separation of powers provision by holding two public offices — state legislator and special prosecutor — she concluded Reeb maintained the authority to prosecute the case.However, Riggs found Reeb was not yet entitled to immunity for some claims Baldwin had not laid out well enough to decide.“At this stage of litigation, it is not clear on the face of the complaint that absolute prosecutorial immunity applies to these vague and undated allegations,” Riggs wrote.The attorneys’ counsel Luis Robles said his clients were heartened and relieved by Riggs’ order.“Relieved with the dismissal of the bulk of the claims against them, and they’re also heartened about the way in which the judge so thoroughly decided so much of what was a subject of a lot of contentious briefing,” Robles said. “As we move forward, the real facts will be revealed as to what these prosecutors did and did not do.”Defendant Sante Fe County Board of County Commissioners also moved to dismiss but that has not yet been decided.Baldwin’s counsel did not respond to a request for comment before press time.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads