Is a defendant entitled to absolute immunity from any of the actions taken by the district attorney's office against a prosecutor?

MultiRegion, United States of America

The following excerpt is from Lacey v. Maricopa Cnty., D.C. No. 2:08-cv-00997-SRB, No. 09-15703, No. 09-15806 (9th Cir. 2012):

410 (2006). In that case, we determined that retaliatory employment actions taken by the district attorney's office against a prosecutordemotion from his position, denial of promotion, preclusion from handling further murder cases, and a forced choice between transferring to another office and staying in his current location and handling only minor cases were administrative actions and not part of any prosecution, so the defendants were not entitled to absolute immunity for them. Id. at 1184. But, at the same time, we stated that "the removal of [the prosecutor] from a particular murder case he was handling fell within the District Attorney's prosecutorial function, because it . . . is 'intimately associated with the judicial phase of the criminal process.' " Id. (quoting Broam v. Bogan, 320 F.3d 1023, 1028 (9th Cir. 2003)). If removing a prosecutor from a particular case is within the district attorney's duties, it stands to reason that appointing a prosecutor to a particular case would also fall within the prosecutorial function.

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