buckley fitzsimmons argued february decided june petitioner buckley sought damages respondent prosecutors fabricating evidence preliminary investigation highly publicized rape murder illinois making false statements press conference announcing return indictment claimed three separate lab studies failed make reliable connection bootprint murder site boots respondents obtained positive identification one robbins allegedly known willingness fabricate unreliable expert testimony thereafter convened grand jury sole purpose investigating murder months later respondent fitzsimmons state attorney announced indictment news conference buckley arrested unable meet bond held jail robbins provided principal evidence trial jury unable reach verdict robbins died buckley retrial charges dropped released three years incarceration action district held respondents entitled absolute immunity fabricated evidence claim press conference claim however appeals ruled absolute immunity claims theorizing prosecutors entitled absolute immunity acts cause injury extent case proceeds entitled qualified immunity constitutional wrong complete case begins remand found nothing burns reed held prosecutors absolute immunity actions participating probable cause hearing giving advice police undermined initial holding held respondents entitled absolute immunity pp certain immunities well established enacted presumes congress specifically provided wished abolish public officials entitled qualified immunity however sometimes actions fit within common law tradition absolute immunity whether determined nature function performed identity actor performed forrester white available conduct prosecutors intimately associated judicial phase criminal process imbler pachtman pp acts undertaken prosecutor preparing initiation judicial proceedings trial occur course role advocate state entitled protections absolute immunity however endeavoring determine whether bootprint made buckley respondents acting advocates investigators searching clues corroboration might give probable cause recommend arrest activities immune liability common law performed police officers detectives actions entitled qualified immunity immunity applies prosecutors performing actions convening grand jury consider evidence work produced retroactively transform work administrative prosecutorial pp fitzsimmons statements media also entitled absolute immunity common law immunity prosecutor statements press imbler comments functional tie judicial process made prosecutor policy considerations support extending absolute immunity press statements since license establish immunities actions interests judges sound public policy since presumption qualified rather absolute immunity sufficient protect government officials exercise duties pp stevens delivered opinion unanimous respect parts ii iii opinion respect parts blackmun scalia thomas joined scalia filed concurring opinion post kennedy filed opinion concurring part dissenting part rehnquist white souter joined post flint taylor argued cause petitioner briefs john stainthorp james sotos argued cause filed brief respondents jeffrey minear argued cause amicus curiae urging affirmance brief solicitor general starr assistant attorney general gerson deputy solicitor general mahoney michael bradbury filed brief appellate committee california district attorneys association amicus curiae justice stevens delivered opinion action brought petitioner seeks damages respondent prosecutors allegedly fabricating evidence preliminary investigation crime making false statements press conference announcing return indictment questions presented whether respondents absolutely immune liability either claims case comes us occasion consider whether respondents conduct may protected qualified immunity moreover make two important assumptions case first petitioner allegations entirely true second allege constitutional violations provides remedy statement facts therefore derived entirely petitioner complaint limited matters relevant respondents claim absolute immunity petitioner commenced action march following release jail du page county illinois incarcerated three years charges growing highly publicized murder jeanine nicarico child february complaint named defendants including du page county sheriff seven assistants two expert witnesses estate third five respondents respondent fitzsimmons duly elected du page county state attorney time nicarico murder december succeeded respondent ryan defeated republican primary election march respondent knight assistant state attorney fitzsimmons served special prosecutor nicarico case ryan respondents kilander came office ryan king assistant prosecutors also assigned case theory petitioner case order obtain indictment case engendered extensive publicity intense emotions community prosecutors fabricated false evidence order gain votes fitzsimmons made false statements petitioner press conference announcing arrest indictment days primary election petitioner claims respondents misconduct created highly prejudicial inflamed atmosphere seriously impaired fairness judicial proceedings innocent man caused suffer serious loss freedom mental anguish humiliation fabricated evidence related bootprint door nicarico home apparently left killer kicked door three separate studies experts du page county crime lab illinois department law enforcement kansas bureau identification unable make reliable connection print pair boots petitioner voluntarily supplied respondents obtained positive identification one louise robbins anthropologist north carolina allegedly well known willingness fabricate unreliable expert testimony opinion obtained early stages investigation conducted joint supervision direction sheriff respondent fitzsimmons whose police officers assistant prosecutors performing essentially investigatory functions thereafter failed obtain sufficient evidence support petitioner anyone else arrest respondents convened special grand jury sole purpose investigating nicarico case investigation grand jury heard testimony witnesses including bootprint experts still unable return indictment january respondent fitzsimmons admitted public statement insufficient evidence indict anyone rape murder jeanine nicarico although additional evidence obtained interim indictment returned march fitzsimmons held defamatory press conference shortly primary election petitioner arrested unable meet bond set million held jail petitioner trial began months later january principal evidence provided robbins north carolina anthropologist jury unable reach verdict charges petitioner trial judge declared mistrial petitioner remained prison two years third party confessed crime prosecutors prepared petitioner retrial robbins died however charges dropped released filed action ii concerned petitioner actions police officers asserted defense qualified immunity expert witnesses whose trial testimony granted absolute immunity district app du page county whose motion dismiss grounds granted part issue action prosecutors moved dismiss based claim absolute immunity district held respondents entitled absolute immunity claims except claim fitzsimmons based press conference respect claim based alleged fabrication evidence district framed question whether effort obtain definitive boot evidence linking petitioner crime nature acquisition evidence nature evaluation evidence purpose initiating criminal process concluded appears evaluative acquisitive petitioner fitzsimmons appealed divided panel appeals seventh circuit ruled prosecutors absolute immunity claims buckley fitzsimmons appeals view damages remedies unnecessary ourts curtail costs prosecutorial blunders cutting short prosecution mitigating effects thus acts cause injury extent case proceeds prosecutor entitled absolute immunity defendant must look case pends protect interests contrast constitutional wrong complete case begins prosecutor entitled qualified immunity applying unprecedented theory petitioner allegations appeals concluded neither press conference fabricated evidence caused constitutional injury independent indictment trial judge fairchild dissented part agreed district fitzsimmons entitled qualified immunity press statements noted majority failed examine particular function fitzsimmons performing concluded conducting press conference among functions entitle judges prosecutors judicial branch absolute immunity opinion dissenting part concurring part responding directly majority reasoning wrote true procedures afforded system justice give defendant good chance avoid results prejudicial publicity excessive bail difficulty inability selecting impartial jury like procedures reduce cost impropriety prosecutor find courts recognized availability sufficient reason conferring immunity ibid judge fairchild dissented adhered earlier conclusion fitzsimmons entitled qualified immunity press conference also persuaded burns drawn line conduct closely related judicial process conduct role administrator investigative officer agreed trial preparation falls absolute immunity side line felt otherwise search favorable evidence might link bootprint petitioner year long investigation aggressively supervised fitzsimmons opinion dissenting part granted certiorari second time limited issues relating prosecutorial immunity reverse iii principles applied determine scope immunity state officials sued amended familiar section face admits defense official immunity subjects liability person acting color state law commits prohibited acts tenney brandhove however held congress intend abrogate immunities well grounded history reason certain immunities well established enacted presume congress specifically provided wished abolish pierson ray see also newport fact concerts although found immunities appear face statute license establish immunities actions interests judge sound public policy tower glover ur role interpret intent congress enacting make freewheeling policy choice malley briggs since tenney recognized two kinds immunities public officials entitled qualified immunity harlow fitzgerald butz economou form immunity government officials subject damages liability performance discretionary functions conduct violate clearly established statutory constitutional rights reasonable person known harlow fitzgerald cases qualified immunity sufficient protect officials required exercise discretion related public interest encouraging vigorous exercise official authority butz economou recognized however officials perform special functions similarity functions immune congress enacted deserve absolute protection damages liability official seeking absolute immunity bears burden showing immunity justified function question burns reed antoine byers anderson even identify common law tradition absolute immunity given function considered whether history purposes nonetheless counsel recognizing immunity actions tower glover surprisingly quite sparing recognizing absolute immunity state actors context forrester white determining whether particular actions government officials fit within common law tradition absolute immunity general standard qualified immunity applied functional approach see burns looks nature function performed identity actor performed forrester white twice applied approach determining whether functions contemporary prosecutors entitled absolute immunity imbler pachtman held state prosecutor absolute immunity initiation pursuit criminal prosecution including presentation state case trial noting earlier cases predicated upon considered inquiry immunity historically accorded relevant official common law interests behind focused functions prosecutor often invited tort actions concluded common law rule immunity prosecutors well settled considerations public policy underlie rule likewise countenance absolute immunity considerations supported rule absolute immunity conduct prosecutors intimately associated judicial phase criminal process concluding initiating prosecution presenting state case prosecutor immune civil suit damages attempt describe line prosecutor acts preparing functions absolutely immune acts investigation administration applied imbler analysis two terms ago burns reed suit challenged two acts prosecutor giving legal advice police propriety hypnotizing suspect whether probable cause existed arrest suspect participating probable cause hearing held latter entitled absolute immunity immunity action accorded common law absolute immunity prosecutors attorneys eliciting false defamatory testimony witnesses making false defamatory statements related judicial proceedings scalia concurring judgment part dissenting part analysis appearing judge presenting evidence support motion search warrant involved prosecutor role advocate state quoting imbler issuance search warrant judicial act appearance probable cause hearing intimately associated judicial phase criminal process burns quoting imbler decided however prosecutors entitled absolute immunity actions giving legal advice police unable identify historical common law support absolute immunity performance function also noted threat judicial process harassment intimidation associated litigation based advice police insufficient overcome bsen ce tradition immunity comparable common law immunity malicious prosecution formed basis decision imbler though noted several checks civil litigation prevent prosecutorial abuses advising police one important checks judicial process effective cases especially end suspect prosecuted sum held providing legal advice police function closely associated judicial process iv case appeals held respondents entitled absolute immunity injuries suffered petitioner occurred criminal proceedings holding contrary approach consistently followed since imbler noted imbler approach focuses conduct immunity claimed harm conduct may caused question whether lawful location injury may relevant question whether complaint adequately alleged cause action damages question case present see supra irrelevant however question whether conduct prosecutor protected absolute immunity accordingly although appeals reasoning may relevant proper resolution issues us provide acceptable basis concluding either preindictment fabrication evidence postindictment press conference function protected absolute immunity therefore turn consider respondents claims absolute immunity first address petitioner argument prosecutors entitled absolute immunity claim conspired manufacture false evidence link boot bootprint murderer left front door obtain false evidence petitioner submits prosecutors shopped experts found one provide opinion sought app time assistant prosecutors working hand hand sheriff detectives joint supervision sheriff state attorney fitzsimmons petitioner argues imbler protection prosecutor conduct initiating prosecution presenting state case extends act initiation conduct occurring courtroom extreme position plainly foreclosed opinion imbler expressly stated duties prosecutor role advocate state involve actions preliminary initiation prosecution actions apart courtroom nonetheless entitled absolute immunity noted particular effort control presentation witness testimony entitled absolute immunity fairly within prosecutor function advocate sure burns made explicit point reserved imbler prosecutor administrative duties investigatory functions relate advocate preparation initiation prosecution judicial proceedings entitled absolute immunity see burns retreated however principle acts undertaken prosecutor preparing initiation judicial proceedings trial occur course role advocate state entitled protections absolute immunity acts must include professional evaluation evidence assembled police appropriate preparation presentation trial grand jury decision seek indictment made hand function test imbler recognizes actions prosecutor absolutely immune merely performed prosecutor qualified immunity represents norm executive officers malley briggs quoting harlow fitzgerald prosecutor functions administrator rather officer entitled qualified immunity imbler difference advocate role evaluating evidence interviewing witnesses prepares trial one hand detective role searching clues corroboration might give probable cause recommend suspect arrested hand prosecutor performs investigative functions normally performed detective police officer neither appropriate justifiable act immunity protect one hampton chicago internal quotation marks omitted cert denied thus prosecutor plans executes raid suspected weapons cache greater claim complete immunity activities police officers allegedly acting direction question whether prosecutors carried burden establishing functioning advocates endeavoring determine whether bootprint scene crime made petitioner foot careful examination allegations concerning conduct prosecutors period convened special grand jury investigate crime provides answer see supra prosecutors contend probable cause arrest petitioner initiate judicial proceedings period mission time entirely investigative character prosecutor neither consider advocate probable cause anyone arrested well alleged fabrication false evidence concerning bootprint special grand jury empaneled finally convened immediate purpose conduct thorough investigation crime return indictment suspect already probable cause arrest buckley arrested fact months grand jury convened finally indicted circumstances prosecutors conduct occurred well properly claim acting advocates respondents cited authority supports argument prosecutor fabrication false evidence preliminary investigation unsolved crime immune liability common law either date enactment therefore remains protected qualified immunity burns anomalous say least grant prosecutors qualified immunity offering legal advice police unarrested suspect endow absolute immunity conducting investigative work order decide whether suspect may arrested prosecutors later called grand jury consider evidence work produced retroactively transform work administrative prosecutorial prosecutor may shield investigative work aegis absolute immunity merely suspect eventually arrested indicted tried work may retrospectively described preparation possible trial every prosecutor might shield liability constitutional wrong innocent citizens ensuring go trial functions prosecutors detectives immunity protects also next consider petitioner claims regarding fitzsimmons statements press petitioner alleged prosecutor public announcement indictment fitzsimmons made false assertions numerous pieces evidence including bootprint evidence tied buckley burglary ring committed nicarico murder app petitioner also alleged fitzsimmons released mug shots media prominently repeatedly displayed television newspapers ibid petitioner legal theory hese false prejudicial statements inflamed populace dupage county ibid see also thereby defaming resulting deprivation right fair trial causing jury deadlock rather acquit fitzsimmons statements media entitled absolute immunity fitzsimmons suggest existed common law immunity prosecutor attorney statement press appeals agreed historical precedent exists indeed prosecutors like attorneys entitled absolute immunity defamation liability statements made course judicial proceedings relevant see burns imbler white concurring judgment statements made received good faith immunity common law rule speech counsel privileged occasion spoken flint pike barn cress bayley functional approach imbler conforms common law theory leads us conclusion comments media functional tie judicial process made prosecutor press conference fitzsimmons act role advocate state burns reed supra quoting imbler pachtman conduct press conference involve initiation prosecution presentation state case actions preparatory functions statements press may integral part prosecutor job see national district attorneys national prosecution standards ed may serve vital public function respects prosecutor different position executive officials deal press noted supra qualified immunity norm fitzsimmons argues nonetheless policy considerations support extending absolute immunity press statements brief respondents two responses submissions first license establish immunities actions interests judge sound public policy tower glover prosecutorial function within advocate role historical tradition immunity draw inquiry end second presumption qualified rather absolute immunity sufficient protect government officials exercise duties burns reed even policy considerations allowed us carve new absolute immunities liability constitutional wrongs see little reason suppose qualified immunity provide adequate protection prosecutors provision legal advice police see yet fail provide sufficient protection present context complaint petitioner also charged prosecutors violated rights due process clause extraction statements implicating coercing two witnesses paying money app precise contours claims unclear addressed leave passed first instance appeals remand stated supra petitioner challenge many aspects appeals decision reviewed remain undisturbed opinion two challenged rulings absolute immunity however judgment appeals seventh circuit reversed case remanded proceedings consistent opinion ordered footnotes defendant knight various others sic defendants including doria fitzsimmons burandt apparently satisfied defendant german conclusions contacted anthropologist louise robbins defendant olsen kansas bureau indentification sic crime lab search positive boot identification confronted three different expert reports failed match plaintiff boot footprint door defendants including knight burandt german procured positive identification louise robbins whose theories reputation forensic community generally discredited viewed great skepticism fact defendants knew known defendants knight king involved sheriff police early stages investigation including interrogation witnesses potential suspects specifically sheriff detectives including defendants wilkosz kurzawa direction supervision sometimes presence assistance defendants knight king soucek lepic repeatedly interrogated alleged suspects including plaintiff buckley alex hernandez represented counsel despite intense pressure intimidation plaintiff buckley steadfastly maintained innocence demonstrated knowledge crime hernandez told wild palpably false stories mental instability obvious defendants result interrogations least one experienced sheriff detective participated concluded buckley hernandez involved nicarico crime conclusion buttressed general knowledge bootprint evidence repeatedly communicated conclusion basis defendants named herein including defendants doria knight king soucek lepic wilkosz unable solve case defendants doria fitzsimmons knight king convened special dupage county investigative grand jury devoted solely investigating nicarico case app respect issue us petitioner claims subject coercive interrogations respondent prosecutors found extent immunity depended nature claims reasoned claims based miranda arizona clause fifth amendment depend happens trial prosecutors entitled absolute immunity claims contrast qualified immunity available petitioner claims coercive tactics independently wrongful characterize nature claims remanded proceedings concerning fitzsimmons king knight issue although petitioner also alleged respondents violated constitutional rights presenting fabricated evidence grand jury trial jury see app presented question regarding claims appeals agreed district see held actions protected absolute immunity buckley fitzsimmons selection evidence present grand jurors manner questioning witnesses basis liability may equivalent activities petit jury decision made according traditional principles absolute immunity however depend original theory absolute prosecutorial immunity concerned included within questions presented petitioner petition certiorari particular expressed concern fear potential liability undermine prosecutor performance duties forcing consider potential liability making prosecutorial decisions diverting energy attention pressing duty enforcing criminal law imbler pachtman suits prosecutors devolve virtual retrial criminal offense new forum undermine vigorous enforcement law providing prosecutor incentive go forward close case acquittal likely trigger suit damages also expressed concern availability damages action might cause judges reluctant award relief convicted defendants motions course determination probable cause guarantee prosecutor absolute immunity liability actions taken afterwards even determination opinion dissenting part points post prosecutor may engage police investigative work entitled qualified immunity furthermore true anomaly post denying absolute immunity state actor investigative acts made probable cause suspect arrested prosecutor entitled absolute immunity malicious prosecution someone lacked probable cause indict criticism ignores essence function test reason lack probable cause allows us deny absolute immunity state actor former function fabrication evidence common law tradition immunity whether performed police officer prosecutor reason grant latter function malicious prosecution found common law tradition immunity prosecutor decision bring indictment whether probable cause insisting equation two functions merely prosecutor might subject liability one dissent allows particular policy concerns erase function test purports respect general dissent distress denial absolute immunity prosecutors fabricate evidence regarding unsolved crimes post like holding appeals seems conflate question whether plaintiff stated cause action question whether defendant entitled absolute immunity actions cf burns reed indeed incongruous allow prosecutors absolutely immune liability giving advice police allow police officers qualified immunity following advice almost action prosecutor including direct participation purely investigative activity said way related ultimate decision whether prosecute never indicated absolute immunity expansive police guidance prosecutors solicited allegedly fabricated testimony course entitled anything qualified immunity see imbler pachtman preparation initiation criminal process trial may require obtaining reviewing evaluating evidence point respect decisions prosecutor doubt functions administrator rather officer drawing proper line functions may present difficult questions case require us anticipate although respondents rely first sentence passage suggest prosecutor actions obtaining reviewing evaluating evidence always protected absolute immunity sentence follows qualifies suggestion confirms actions may fall administrative rather judicial end prosecutor activities therefore entitled qualified immunity absolute immunity apply include publication defamatory matter commencement termination judicial proceeding unless publication act incidental proper initiation thereof giving legal effect thereto apply include publication defamatory matter person place publication required authorized law made proper conduct judicial proceedings veeder absolute immunity defamation judicial proceedings footnotes omitted see viosca landfried la youmans smith see also bower law actionable defamation circuits seventh circuit addressed issue applied qualified immunity press statements see powers coe marrero hialeah cert denied gobel maricopa county england hendricks cert denied marx gumbinner cf rose bartle yet fitzsimmons suggested prosecutors circuits unduly constrained keeping public informed pending criminal prosecutions also perceive anything except firm common law rule entitle prosecutor absolute immunity statements press nonprosecutors make similar statements instance attorney general press spokesperson police officer announcing return indictment receive qualified immunity justice scalia concurring observes respondents demonstrated function either fabricating evidence preliminary investigation crime making statements press protected common law privilege enacted see ante follows respondents alleged performance acts absolutely immune suit since presumed legislative intent eliminate traditional immunities justification limiting categorical language statute burns reed scalia concurring judgment part dissenting part accord ante policy reasons extending protection conduct may seem persuasive see post kennedy concurring part dissenting part simply license establish immunities actions interests judge sound public policy tower glover therefore easy case view difficulty joining judgment join opinion well though reservation historical authenticity principle acts undertaken prosecutor preparing initiation judicial proceedings trial occur course role advocate state entitled protections absolute immunity ante early years century authority proposition traditional defamation immunity extends act incidental proper initiation pursuit judicial proceeding tatements made counsel proposed witnesses veeder absolute immunity defamation judicial proceedings see bower actionable defamation youmans smith found previous expression principle accede judgment existed several decades earlier enacted least sense logically derived decisions cf burns supra scalia concurring judgment part dissenting part future cases trust aided briefing point look history determine precisely outlines principle certainly accord principle say prosecutors properly claim acting advocates probable cause anyone arrested ante reference common law cases indispensable show properly claim acting advocates point though yet course judicial proceedings ante believe moreover vagueness principle may less troublesome practice seems theory two reasons first reaffirms defendant official bears burden showing conduct seeks immunity privileged common law see ante thus application principle unclear defendant simply loses second many claims directed prosecutors sort based acts plainly covered conventional malicious prosecution defamation privileges probably actionable may dismissed pleading stage without regard immunity undermining dissent assertion converted absolute prosecutorial immunity little pleading rule post think petitioner false evidence claims present case illustrate point insofar based respondents supposed knowing use fabricated evidence grand jury trial see ante acts might state claim denial due process see mooney holohan per curiam traditional defamation immunity provides complete protection suit reframe attack preparation evidence post claims unlikely cognizable since petitioner cites aware authority proposition mere preparation false evidence opposed use fashion deprives someone fair trial otherwise harms violates constitution see buckley fitzsimmons vacated remanded justice kennedy chief justice justice white justice souter join concurring part dissenting part agree absolute immunity statements made press conference unable agree conclusion respondents entitled absolute immunity petitioner claim conspired manufacture false evidence linking petitioner bootprint found front door jeanine nicarico home join parts ii iii opinion dissent part correct observe rules determining whether particular actions government officials entitled immunity origin historical practice resulted functional approach ante see also burns reed forrester white malley briggs cleavinger saxner briscoe lahue harlow fitzgerald butz economou imbler pachtman share unwillingness accept buckley argument imbler protection prosecutor conduct initiating prosecution presenting state case extends act initiation conduct occurring courtroom ante imbler acknowledged duties prosecutor role advocate state involve actions preliminary initiation prosecution actions apart courtroom explained actions prosecutor undertaken functional role advocate entitled absolute immunity see ante reason even fundamental stated rejecting buckley argument imbler applies commencement prosecution conduct formulation absolute prosecutorial immunity convert substantial degree protection prosecutors little pleading rule almost decisions initiate prosecution preceded substantial necessary conduct prosecutor evaluating evidence preparing introduction almost every action taken courtroom requires measure preparation preparatory actions unprotected absolute immunity criminal defendant turned civil plaintiff simply reframe claim attack preparation instead absolutely immune actions imbler pachtman supra cf eastland servicemen fund allowing avoidance absolute immunity pleading mechanism undermine large part protections found necessary imbler discourage trial preparation prosecutors way buckley proffered standard perverse effect encouraging rather penalizing carelessness cf forrester white supra discourage early participation prosecutors criminal justice process applying principles case us believe conduct relating expert witnesses falls absolute immunity side divide recognized imbler burns recognize today functional approach dictate actions prosecutor accorded absolute immunity prosecutor performs investigative functions normally performed detective police officer neither appropriate justifiable act immunity protect one ante quoting hampton chicago cert denied nonetheless buckley labels prosecutors actions relating bootprint experts investigative believe accurate describe prosecutors conduct preparation trial prosecutor must consult potential trial witness places witness stand witness critical one consultation may necessary even decision whether indict obvious outset bootprint critical prosecution case prosecutors consultation experts best viewed step ensure bootprint admission evidence bolster probative value eyes jury imbler requires decision use witness must insulated liability requires well steps leading decision must free distortive effects potential liability least extent prosecutor engaged trial preparation actions obtaining reviewing evaluating witness testimony classic function prosecutor advocate pretrial even preindictment consultation intimately associated judicial phase criminal process potential liability premised prosecutor early consultation adverse effect upon functioning criminal justice system concern potential liability arising pretrial consultation witness might hampe prosecutor exercise judgment whether certain witness used prospect liability may induc prosecutor act excess caution otherwise skew decisions ways result less full fidelity objective independent criteria guide conduct forrester white moreover xposing prosecutor liability initial phase prosecutorial work interfere exercise independent judgment every phase work since prosecutor might come see later decisions terms effect potential liability malley briggs distortion frustrate objective accuracy determination guilt innocence see imbler pachtman supra furthermore matter prosecutors considering decision use particular expert testimony subjected crucible judicial process burns reed quoting imbler pachtman supra white concurring judgment indeed appears constitutional violations actions alleged caused occurred within judicial process question buckley presented petition certiorari makes point whether prosecutors entitled absolute prosecutorial immunity supervision participation year long investigation injury suffered criminal defendant occurred later criminal proceedings pet cert remedies prosecutorial liability example pretrial ruling inadmissibility rejection trier fact adequate prevent abuses authority prosecutors burns reed supra see also butz economou imbler pachtman supra holding burns reed supra contrary cautioned prosecutors entitled absolute immunity every conduct every action said way related ultimate decision whether prosecute premise burns providing advice police prosecutor acted guide police prepare case see noting police officers sought prosecutor advice first find whether hypnosis unacceptable investigative technique later determine whether basis plac suspect arrest circumstances found insufficient link judicial process warrant absolute immunity situation quite different reasons already explained subjecting prosecutor pretrial preindictment witness consultation preparation damages actions frustrate impede judicial process result imbler designed avoid ii reaches contrary conclusion issue bootprint evidence superimposing standard onto functional approach guided past decisions according prosecutor neither consider advocate probable cause anyone arrested ante allow otherwise tells us create anomalous situation whereby prosecutors granted qualified immunity offering legal advice police regarding unarrested suspect see burns supra endowed absolute immunity conducting legal work regarding unarrested suspect ante suggest probable cause demarcation conduct considered absolutely immune advocacy creates true anomaly case quite clear imbler absolute immunity prosecutors meant anything meant prosecutors subject suit malicious prosecution see also burns supra common law immunity malicious prosecution formed basis decision imbler yet central component malicious prosecution claim prosecutor question acted maliciously without probable cause see wyatt cole kennedy concurring rehnquist dissenting keeton dobbs keeton owen prosser keeton law torts ed means withhold absolute immunity whenever alleged injurious actions prosecutor occurred probable cause believe specified individual committed crime longer claim malicious prosecution subject ready dismissal absolute immunity grounds least claimant clever enough include actions taken prosecutor prior initiation prosecution find rather strange classic case invocation absolute immunity falls unprotected side new dividing line also find hard accept line easily manipulated criminal defendants turned civil plaintiffs allowing avoid dismissal absolute immunity grounds throwing allegation prosecutor acted without probable cause see supra perhaps means draw line point appropriate neutral third party case illinois special grand jury makes determination probable cause line generate anomalous results begin perverse effect encouraging prosecutors seek indictments early possible attempt shelter liability even cases otherwise prefer wait seeking indictment ensure accuse innocent person given stigma emotional trauma attendant indictment arrest promoting premature indictments arrests laudable accomplishment even assuming premature actions induced rule separating absolute immunity qualified immunity based determination probable cause makes little sense civil plaintiff claims prosecutor falsified evidence coerced confessions false evidence coerced confession served basis third party determination probable cause alleged difficult fathom securing fraudulent determination transmogrifies unprotected conduct protected conduct finally question conclusion burns absolute immunity attached prosecutor conduct grand jury perform judicial function quoting prosser law torts pp see also yaselli goff aff unclear preparing grand jury proceedings obviously occur indictment handed intimately associated judicial phase criminal process subject absolute immunity burns supra quoting imbler supra troubling line drawn find reasons equal concern advances two reasons distinguishing cause cause activity prosecutors first distinction needed ensure prosecutors receive greater protection police officers engaged identical conduct ante second absent clear distinction investigation advocacy fears every prosecutor might shield liability constitutional wrong innocent citizens ensuring go trial ibid step alleged enable prosecutor retrospectively describ investigative work preparation possible trial therefore request benefits absolute immunity ibid find neither justifications persuasive first concern take meant restatement one unquestioned goals immunity jurisprudence ensuring parity treatment among state actors engaged identical functions forrester white cleavinger saxner precise reason advancing goal adopted functional approach absolute immunity first place see need augment approach developing rules cases determining whether different actors engaged identical functions involves careful attention subtle details moreover perceives danger disparate treatment assumes establishing probable cause police prosecutors perform functions ante assumption seem unwarranted understand art advocacy inherent temporal limitation say prosecutors never functioning advocates determination probable cause point assumption presumes prosecutors police officers engage conduct necessity engaged function must disagree two actors take part similar conduct similar inquiries different reasons advance different functions may prosecutor police officer examining evidence time prosecutor examining evidence determine whether persuasive trial assistance trier fact police officer examines evidence decide whether provides basis arresting suspect conduct functions distinct see buchanan teams prosecutor summer advancing second reason provided line drawing think overstates danger allowing cause conduct constitute advocacy entitled absolute immunity agree institution prosecution retroactively transform work administrative prosecutorial ante declining institute prosecution likewise retroactively transform work prosecutorial administrative cf imbler recognize duties prosecutor role advocate state involve actions preliminary initiation prosecution include questions whether present case grand jury whether file information whether prosecute either case primary question one confidence federal courts able answer accuracy whether prosecutor acting advocate investigator administrator took actions called question subsequent action long federal courts center attention question concern prosecutors disguise investigative administrative actions early forms advocacy seems unfounded iii recognizing distinction advocacy investigation functional approach requires drawing difficult subtle distinctions understand necessity workable standard area rule adopts created problems solved example even probable cause arrest suspect suspect indicted prosecutor might act police investigative work say finding new leads case qualified immunity apply converse also true even investigators satisfied probable cause exists indictment secured prosecutor might begin preparations present testimony grand jury trial absolute immunity must apply case respondents functioned advocates preparing prosecution investigators alleged amassed probable cause indictment deemed appropriate judgment respondents entitled absolute immunity involvement expert witnesses case respect dissent part decision reversing appeals judgment absolute immunity respondents conduct relation bootprint evidence