How have courts treated the role of a prosecutor in determining absolute immunity for a police officer?

California, United States of America


The following excerpt is from Randle v. City and County of San Francisco, 186 Cal.App.3d 449, 230 Cal.Rptr. 901 (Cal. App. 1986):

14 The United States Supreme Court has stressed the uniqueness of the prosecutor's role in discussing the safeguards other than civil liability which serve to control prosecutorial misconduct: "The organized bar's development and enforcement of professional standards for prosecutors also lessens the danger that absolute immunity will become a shield for prosecutorial misconduct. As we observed in Imbler, 'a prosecutor stands perhaps unique, among officials whose acts could deprive persons of constitutional rights, in his amenability to professional discipline by an association of his peers.' 424 U.S., at 429, 96 S.Ct., at 994 (footnote omitted). The absence of a comparably well developed and pervasive mechanism for controlling police misconduct weighs against allowing absolute immunity for the officer." (Malley v. Briggs, supra, 475 U.S. 335, 106 S.Ct. at p. 1097 fn. 5.)

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