Is a prosecutor entitled to absolute immunity for reassurance of a child witness?

MultiRegion, United States of America

The following excerpt is from Dieter v. Quintilone, No. 18-1377-cv (2nd Cir. 2019):

Whether a prosecutor is entitled to absolute immunity for specific actions "depends principally on the nature of the function performed." Ying Jing Gan v. City of New York, 996 F.2d 522, 530 (2d Cir. 1993). As the presentation of inculpatory evidence showing probable cause to the grand jury is an essential prosecutorial function, necessary to obtain an indictment, doing so is protected by absolute immunity. It is "intimately associated with the judicial phase of the criminal process." Simon v. City of New York, 727 F.3d 167, 171-72 (2d Cir. 2013) (quotation marks omitted). The prosecutor's reassurance of the child witness is a protected act of "advocacy" in the course of presenting her evidence to the grand jury. For the purpose of determining whether this prosecutor is

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