What is the test for absolute or qualified immunity in a sexual assault case brought by a former prosecutor who was acquitted of charges of molesting his daughter?

MultiRegion, United States of America

The following excerpt is from Miller v. Santa Barbara County, 846 F.2d 1383 (9th Cir. 1988):

J. Wesley Miller, prosecuted and acquitted of charges of molesting his daughter, brought suit under 42 U.S.C. Sec. 1983 (1982) and state law against various individuals and governmental entities involved in that criminal proceeding. The district court granted summary judgment in favor of appellees on the section 1983 count and dismissed the pendent state claims, holding that appellees were all protected by absolute or qualified immunity. We review the district court's decision de novo. Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986).

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