rehabilitation center if we allow absolute immunity to cover the actions that occurred in this case every working out patient that's got a family and it's out there trying to do his best and get back in society is going to be put back in prison and that's one of the problems right now we're not giving enough due process and a right to go after that person when they don't keep you processed which is allowing a lot of prisoners just to go right back in prison it's a big societal problem there's big policy reasons why this case needs to really look at the absolute immunity and let's just go right into look at the complexity of the case and whether or not he seemed to understand the facts and i will give you right that happens by the way in a lot of seeing a lot of civil cases where people asked that really is the standard is a running the proceedings a little different from the adversarial role that we often know we often see in court cases why is why is there why is there a problem here with her wearing those two has she's not it's not a she's it's not like she's there just so the peace issued here but what you are going to do you have the she loses her judicial immunity or argument is that when she's making that decision she's just it's a ministerial act on the side of the hearing officer she's not really having  follow from his argument or you want if you see about just to step back and sort of i'll just i'll say what i think it i'll just tell you what i think he's arguing and if you think if you think we're on the same page here otherwise maybe i'll clarify that  court as well those i think we're in agreement that squid basically reaffirms a whole lot of cases starting with box sellers anderson and all that whole line of cases that says that it is a functional t that's not what's your what has you where it's what function you perform and in this case he seems to be saying that these these three tasks are not functionally comparable to those that are done by as his hearing officer having been through the probation officer on this one well that's that's part of the problem is that in looking at square they made sort of the distinction between the cop functions and the judge functions and in the end in the in the swiss case that those were old agents who were supervising parolees and in our case she never supervised reward she was never involved with them until he came back to the nothing that was in the evidence in the in the case that stated that she made up her mind that he was guilty based upon something that happened before she even got him i mean this is something that's done as a matter of course that she goes over there and it's it's sort of in l arraignment to get all this information and based on her discretion exercise these judges like functions in order to in order to in order to accomplish these tasks yeah aga recusal motion after that then that's something that would be covered under judicial immunity because you know whether that's in on the case or not is a judicial function and it's something that there's of there's a list of things that you go through but it's i decision made on discretion it's not going to stereo and in this case the district court judge himself a former superior court judge who examined each of the functions and found them to be functionally comparable assigned to be a hearing officer she received all over training and on all the policies before he was even the director of corrections and they've basically they didn't have they were unable to come up with any evidence that it he had any notice administer the hearings and she's sort of on law and she's no longer with the you to depart the department of corrections report of prison terms when she works for them she works on their policy and that was one of the things that the district court judge pointed to is the fact that institution she was not as correctional pouncer she was she was nothing but a hearing officer that's what she was assigned to do so to try and force you know just to carve out a different sort of thing is exactly what bots and all these