Imbler grants absolute immunity for advocacy functions including initiating prosecution and presenting the case. Investigative and administrative functions receive only qualified immunity under Buckley.
The analysis is functional.
Alternative Names:
Prosecutor Immunity|Imbler Immunity
Why it Matters?
The advocacy and investigation line determines which immunity applies, and conduct before probable cause existed, including fabricating evidence during investigation, falls outside absolute immunity even though the same prosecutor later used it at trial. Identifying when the prosecutorial function shifted from investigation to advocacy is accordingly the analysis, and it frequently turns on whether probable cause had been established.
Frequently Confused with
Related terms
Frequently asked questions
What falls outside absolute immunity?
What determines the line?
