The prosecutor was performing an investigatory function. Absolute immunity only applies to performance of advocatory functions. The prosecutor was not immune for giving the police legal advice about the existence of probable cause to arrest. Malley held that a police officer did not have absolute immunity for securing an arrest warrant without probable cause. Such conduct is further removed from the judicial phase of criminal proceedings than the conduct of a prosecutor seeking an indictment.
Qualified immunity is sufficient protection.
Table of Cases to check current status of decisions. In December 1992, a psychiatrist determined that he had a psychological impairment arising from his cancer. Sanders went on leave. Arneson did not allow him to return. 42 U.S.C. sec.