burns reed argued november decided may suspecting petitioner burns multiple personalities one shot sons slept indiana police sought advice respondent reed state prosecutor told question burns hypnosis hypnotized burns referred assailant katie interpreting support theory officers detained burns sought advice reed told probably probable cause arrest subsequent county probable cause hearing search warrant one officers testified response reed questioning burns confessed shootings neither officer reed informed judge confession obtained hypnosis burns otherwise consistently denied guilt warrant issued basis misleading presentation burns charged attempted murder motion suppress statements given hypnosis granted trial charges dropped filed suit reed inter alios alleging violations various rights federal constitution seeking compensatory punitive damages district granted reed directed verdict appeals affirmed holding absolutely immune liability giving legal advice officers conduct probable cause hearing held state prosecuting attorney absolutely immune liability damages participating hearing giving legal advice police pp imbler pachtman held light immunity historically accorded prosecutors common law interests supporting immunity state prosecutors absolutely immune liability conduct initiating prosecution presenting state case insofar conduct intimately associated judicial phase criminal process subsequent decisions consistent functional approach emphasized official seeking absolute immunity bears burden showing justified function question see forrester white pp absolute immunity recognized imbler applicable reed appearance support search warrant application presentation evidence hearing burns claims reed presented false evidence county thereby facilitated issuance warrant conduct clearly addressed common law immunized prosecutor like lawyers civil liability making eliciting witnesses false defamatory statements judicial proceedings least long statements related proceedings see yaselli goff summarily aff moreover immunity extended hearing tribunal performed judicial function see ibid addition common law support absolute immunity circumstances justified policy concerns articulated imbler reed actions clearly involve role advocate state see rather role administrator investigative officer protection reserved judgment imbler see moreover since issuance warrant unquestionably judicial act appearing probable cause hearing intimately associated judicial phase criminal process also connected initiation conduct prosecution particularly hearing occurs arrest furthermore since pretrial appearances prosecutor support taking criminal action suspect present substantial likelihood vexatious litigation might untoward effect prosecutor independence absolute immunity serves policy protecting judicial process see id event serves check prosecutorial actions see pp however reed met burden showing relevant factors justify extension absolute immunity prosecutorial function giving legal advice police neither identified historical support extension american common law aware office public prosecutor must guide license establish immunities actions interests judges sound public policy factors authorize absolute immunity circumstances risk vexatious litigation unavailing since suspect defendant likely aware prosecutor role giving advice role initiating conducting prosecution since absolute immunity designed free judicial process rather every conduct harassment intimidation qualified immunity standard today protective officials time imbler decided provides ample support plainly incompetent knowingly violate law argument giving legal advice related prosecutor role screening cases prosecution safeguarding fairness criminal judicial process proves much since almost action prosecutor said way related ultimate decision whether prosecute moreover argument implicitly rejected mitchell forsyth furthermore although several checks civil litigation prevent abuses authority prosecutors one important checks judicial process necessarily restrain prosecutor activities occur prior initiation prosecution particularly suspect eventually prosecuted advising police investigative phase criminal case intimately associated judicial phase criminal process qualifies absolute prosecutorial immunity pp white delivered opinion rehnquist stevens kennedy souter joined scalia filed opinion concurring judgment part dissenting part blackmun joined part iii marshall joined post michael sutherlin argued cause filed brief petitioner robert spear argued cause respondent brief linley pearson attorney general indiana david nowak deputy assistant attorney general michael lazerwitz argued cause amicus curiae urging affirmance brief solicitor general starr assistant attorney general gerson deputy solicitor general shapiro barbara herwig louis bograd steven shapiro richard waples filed brief american civil liberties union et al amici curiae urging reversal briefs amici curiae urging affirmance filed state wyoming et al joseph meyer attorney general wyoming sylvia lee hackl senior assistant attorney general siegelman attorney general alabama douglas baily attorney general alaska steve clark attorney general arkansas john van de kamp attorney general california duane woodard attorney general colorado john kelly chief state attorney connecticut herbert reid corporation counsel district columbia robert butterworth attorney general florida warren price iii attorney general hawaii jim jones attorney general idaho neil hartigan attorney general illinois thomas miller attorney general iowa frederic cowan attorney general kentucky james tierney attorney general maine joseph curran attorney general maryland frank kelley attorney general michigan hubert humphrey iii attorney general minnesota mike moore attorney general mississippi william webster attorney general missouri marc racicot attorney general montana brian mckay attorney general nevada john arnold attorney general new hampshire robert del tufo attorney general new jersey lacy thornburg attorney general north carolina robert henry attorney general oklahoma ernest preate attorney general pennsylvania james attorney general rhode island travis medlock attorney general south carolina roger tellinghuisen attorney general south dakota charles burson attorney general tennessee jim mattox attorney general texas paul van dam attorney general utah california district attorney association edwin miller thomas mcardle justice white delivered opinion issue case whether state prosecuting attorney absolutely immune liability damages giving legal advice police participating probable cause hearing appeals seventh circuit held reverse part relevant facts dispute evening september petitioner cathy burns called muncie indiana police reported unknown assailant entered house knocked unconscious shot wounded two sons slept two police officers paul cox donald scroggins assigned investigate incident officers came view petitioner primary suspect even though passed polygraph examination voice stress test submitted exculpatory handwriting samples repeatedly denied shooting sons speculating petitioner multiple personalities one responsible shootings officers decided interview petitioner hypnosis became concerned however hypnosis might unacceptable investigative technique therefore sought advice chief deputy prosecutor respondent richard reed respondent told officers proceed hypnosis hypnosis petitioner referred assailant katie also referred name officers interpreted reference supporting theory result detained petitioner police station sought respondent advice whether probable cause arrest petitioner hearing statements petitioner made hypnosis respondent told officers probably probable cause arrest petitioner see tr see also based assurance officers placed petitioner arrest next day respondent officer scroggins appeared county judge probable cause hearing seeking obtain warrant search petitioner house car hearing scroggins testified response respondent questioning petitioner confessed shooting children neither officer respondent informed judge confession obtained hypnosis petitioner otherwise consistently denied shooting sons basis misleading presentation judge issued search warrant petitioner charged indiana law attempted murder sons trial however trial judge granted petitioner motion suppress statements given hypnosis result prosecutor office dropped charges petitioner january petitioner filed action district southern district indiana respondent officers cox scroggins others alleged defendants liable violating rights fourth fifth fourteenth amendments constitution sought compensatory punitive damages petitioner reached settlement several defendants case proceeded trial respondent petitioner presented case district granted respondent directed verdict finding respondent absolutely immune liability conduct petitioner appealed appeals seventh circuit affirmed held prosecutor afforded absolute immunity giving legal advice police officers legality prospective investigative conduct brief also held respondent absolutely immune liability role probable cause hearing courts appeals divided regarding scope absolute prosecutorial immunity granted certiorari ii title written broad terms purports subject person acting color state law liability depriving person rights privileges immunities secured constitution laws consistently recognized however meant abolish wholesale common law immunities pierson ray section read harmony general principles tort immunities defenses rather derogation imbler pachtman see also tenney brandhove addition acknowledged special functions butz economou better leave unredressed wrongs done dishonest officers subject try duty constant dread retaliation imbler supra quoting gregoire biddle hand cert denied imbler supra first case addressed immunity state prosecutors suits noting prior immunity decisions predicated upon considered inquiry immunity historically accorded relevant official common law interests behind stated liability state prosecutor must determined manner observed common law prosecutors immune suits malicious prosecution defamation immunity extended knowing use false testimony grand jury trial interests supporting common law immunity held equally applicable suits common law immunity like common law immunity judges grand jurors viewed necessary protect judicial process specifically concern harassment unfounded litigation cause deflection prosecutor energies public duties possibility shade decisions instead exercising independence judgment required public trust imbler declined accord prosecutors qualified immunity among things suits prosecutors initiating conducting prosecutions expected frequency defendant often transform resentment prosecuted ascription improper malicious actions state advocate lawsuits divert prosecutors attention energy away important duty enforcing criminal law ibid prosecutors difficulty officials meeting standards qualified immunity ibid potential liability prevent vigorous fearless performance prosecutor duty essential proper functioning criminal justice system also noted checks prosecutorial misconduct including criminal law professional discipline therefore held prosecutors absolutely immune liability conduct initiating prosecution presenting state case insofar conduct intimately associated judicial phase criminal process charges prosecutor imbler involved conduct association including alleged knowing use false testimony trial alleged deliberate suppression exculpatory evidence expressly declined decide whether absolute immunity extends aspects prosecutor responsibility cast role administrator investigative officer rather advocate recognized though duties prosecutor role advocate state involve actions preliminary initiation prosecution actions apart courtroom decisions later cases consistent functional approach immunity employed imbler see westfall erwin forrester white malley briggs mitchell forsyth briscoe lahue harlow fitzgerald butz economou decisions also emphasized official seeking absolute immunity bears burden showing immunity justified function question forrester supra malley supra harlow supra butz supra presumption qualified rather absolute immunity sufficient protect government officials exercise duties quite sparing recognition absolute immunity forrester supra refused extend justification warrant harlow supra iii consider whether absolute prosecutorial immunity recognized imbler applicable respondent participation hearing led issuance search warrant respondent legal advice police regarding use hypnosis existence probable cause arrest petition address first respondent appearance lawyer state hearing examined witness successfully supported application search warrant decision imbler leads conclusion respondent absolutely immune liability suit conduct initially important determine precise claim petitioner made respondent concerning respondent role search warrant hearing examination petitioner complaint decisions district seventh circuit questions presented petition writ certiorari reveals petitioner challenged respondent participation hearing motivation seeking search warrant conduct outside courtroom relating warrant petitioner complaint alleged following regard respondent role search warrant hearing acting official capacity respondent facilitated issuance search warrant september presented evidence full knowledge false testimony defendant donald scroggins direct examination deputy prosecutor reed asked police officer donald scroggins various questions concert defendants deliberately misled believing plaintiff confessed shooting children complaint see also directing verdict respondent petitioner presentation case district continued view petitioner search warrant claim concerning respondent participation hearing district stated finally getting search warrant characterize proceeding judge testimony respondent asked leading questions think course say fact proceeding judge matter form question person seeking search warrant testifying police officer respondent job deputy prosecuting attorney presenting evidence even though fragmentary go far enough part official duties tr question whether state prosecutor absolutely immune suit acts giving legal advice two police officers proposed investigative conduct eliciting misleading testimony one officers subsequent probable cause hearing emphasis added see also ii deputy prosecutor entitled absolute immunity seeks search warrant probable cause hearing intentionally fails fully inform failing state arrested person made alleged confession hypnosis yet persistently denied committing crime hypnosis pet cert emphasis added petitioner challenge respondent participation search warrant hearing similar claim briscoe lahue plaintiff claim based allegation police officer given perjured testimony plaintiff criminal trial holding officer entitled absolute immunity noted witnesses absolutely immune common law subsequent damages liability testimony judicial proceedings even witness knew statements false made malice like witnesses prosecutors lawyers absolutely immune damages liability common law making false defamatory statements judicial proceedings least long statements related proceeding also eliciting defamatory testimony witnesses see yaselli goff summarily aff youmans smith griffith slinkard ind marsh ellsworth jennings paine hoar wood mass see also king skinner lofft eng lord mansfield observed neither party witness counsel jury judge put answer civilly criminally words spoken office immunity extended hearing tribunal perform ed judicial function prosser law torts pp see also veeder absolute immunity defamation colum rev yaselli goff example affirmed decision appeals second circuit held common law immunity extended prosecutor conduct grand jury see also griffith supra schultz strauss addition finding support common law believe absolute immunity prosecutor actions hearing justified policy concerns articulated imbler held prosecutor absolutely immune initiating prosecution presenting state case also observed duties prosecutor role advocate state involve actions preliminary initiation prosecution prosecutor actions issue appearing judge presenting evidence support motion search warrant clearly involve prosecutor role advocate state rather role administrator investigative officer protection reserved judgment imbler see moreover since issuance search warrant unquestionably judicial act see stump sparkman appearing hearing intimately associated judicial phase criminal process imbler supra also connected initiation conduct prosecution particularly hearing occurs arrest case cases indicate pretrial appearances prosecutor support taking criminal action suspect present substantial likelihood vexatious litigation might untoward effect independence prosecutor therefore absolute immunity function serves policy protecting judicial process underlies much decision imbler see forrester briscoe furthermore judicial process available check prosecutorial actions probable cause hearing safeguards built judicial system tend reduce need private damages actions means controlling unconstitutional conduct butz see also mitchell accordingly hold respondent appearance support application search warrant presentation evidence hearing protected absolute immunity turning respondent acts providing legal advice police note first neither respondent identified historical common law support extending absolute immunity actions prosecutors indeed appeals stated review historical common law basis immunity question yield direct support conclusion prosecutor immunity suit extends act giving legal advice police officers appeals observe indiana common law purported provide immunity henever duties judicial nature imposed upon public officer ibid quoting griffith slinkard reasoned giving legal advice judicial nature prosecutor like judge called upon render opinions concerning legality conduct believe however advising police investigative phase criminal case intimately associated judicial phase criminal process imbler qualifies absolute immunity absent tradition immunity comparable common law immunity malicious prosecution formed basis decision imbler inclined extend absolute immunity liability see malley amicus curiae argues absence common law support determinative office public prosecutor largely unknown english common law prosecutors centuries investigatory role today brief amicus curiae persuaded first american common law determinative anderson creighton office public prosecutor known american common law see imbler supra second although precise contours official immunity need mirror immunity common law anderson supra look common law history guidance role make freewheeling policy choice rather discern congress likely intent enacting malley supra license establish immunities actions interests judge sound public policy tower glover thus example malley supra observed ince statute face provide immunities going far read absolute immunity conduct accorded qualified immunity next factor considered risk vexatious litigation also support absolute immunity giving legal advice appeals asserted absolute immunity justified prosecutor risk becoming entangled litigation based role legal advisor likely risks associated initiating prosecuting case disagree first place suspect defendant likely aware prosecutor role giving advice prosecutor role initiating conducting prosecution even prosecutor role giving advice police carry risk burdensome litigation concern litigation immunity cases merely generalized concern interference official duties rather concern interference conduct closely related judicial process forrester supra imbler supra absolute immunity designed free judicial process harassment intimidation associated litigation forrester supra concern therefore justifies absolute prosecutorial immunity actions connected prosecutor role judicial proceedings every conduct appeals speculated anything short absolute immunity discourage prosecutors performing vital obligation giving legal advice police qualified immunity standard today protective officials time imbler decided qualified immunity defense evolved provides ample support plainly incompetent knowingly violate law malley supra see also mitchell although absence absolute immunity act giving legal advice may cause prosecutors consider advice carefully official expected know conduct violate statutory constitutional rights made hesitate ibid quoting harlow indeed incongruous allow prosecutors absolutely immune liability giving advice police allow police officers qualified immunity following advice cf butz ironically mean police ordinarily hold law degrees required know clearly established law prosecutors argues giving legal advice related prosecutor roles screening cases prosecution safeguarding fairness criminal judicial process brief amicus curiae argument however proves much almost action prosecutor including direct participation purely investigative activity said way related ultimate decision whether prosecute never indicated absolute immunity expansive rather imbler inquire whether prosecutor actions closely associated judicial process indeed implicitly rejected argument mitchell supra held attorney general absolutely immune liability authorizing warrantless wiretap even though wiretap arguably related potential prosecution found attorney general acting prosecutorial capacity thus entitled immunity recognized imbler final basis allowing absolute immunity legal advice appeals observed several checks civil litigation prevent abuses authority prosecutors although agree note one important checks judicial process necessarily restrain activities prosecutor occur prior initiation prosecution providing legal advice police particularly true suspect eventually prosecuted circumstances prosecutor action subjected crucible judicial process imbler white concurring judgment sum conclude respondent met burden showing relevant factors justify extension absolute immunity prosecutorial function giving legal advice police iv foregoing reasons affirm part reverse part judgment appeals ordered footnotes since decision imbler pachtman courts appeals held prosecutors entitled absolute immunity investigative administrative acts courts however differed draw line protected unprotected activities example courts split issue whether absolute immunity extends act giving legal advice police compare wollenbarger williams case marx gumbinner myers morris cert denied section originated civil rights act provides full every person color statute ordinance regulation custom usage state territory district columbia subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress purposes section act congress applicable exclusively district columbia shall considered statute district columbia rev stat amended previously affirmed decision holding federal prosecutors absolutely immune suits malicious prosecution see yaselli goff summarily persuaded justice scalia attempt read petitioner claims see post although one snippet respondent testimony trial related decision go seek warrant see tr aware anything record showing either respondent expressly impliedly consented amendment petitioner claims petitioner sought amend complaint based evidence presented trial see fed rule civ proc result justice scalia argument common law immunity malicious procurement search warrant post irrelevant cf briscoe lahue availability common law action false accusations crime inapposite petitioners present question liability false testimony state criminal trial widespread agreement among courts appeals prosecutors absolutely immune liability conduct grand juries see buckley fitzsimmons grant hollenbach baez hennessy morrison baton rouge gray bell app cert denied judge probable cause hearing held testified present case described procedure issuance search warrants description revealing role prosecutor connection judicial function general procedure judge presented call affidavit probable cause affidavit certain statements meant apprise alleged facts existence convince search warrant issued procedure prosecutor deputy prosecutor ask hearing courtroom locked county witnesses presented purpose convincing exists call probable cause issuance search warrants one many witnesses thank judge instances information presented either affidavit form form personal testimony sworn testimony tell jury procedures described sole exclusive power seek search warrant approve seeking search warrant witness power sutherlin yes prosecutor county one deputies possible police officer go directly obtain search warrant tr harlow fitzgerald completely reformulated qualified immunity anderson replacing common law subjective standard objective standard allows liability official violates clearly established statutory constitutional rights reasonable person known harlow supra change specifically designed avoid excessive disruption government permit resolution many insubstantial claims summary judgment believe sufficiently serves goal malley briggs see also mitchell forsyth accordingly satisfies one principal concerns underlying recognition absolute immunity see imbler course holding respondent entitled absolute immunity rendering legal advice case express views underlying merits petitioner claims respondent justice scalia justice blackmun joins justice marshall joins part iii concurring judgment part dissenting part concur judgment issues reaches agree prosecutor absolute immunity eliciting false statements judicial hearing qualified immunity giving legal advice police officers write separately think petitioner also makes claim consider constitutional violation occurred prosecutor initiation search warrant proceeding understanding common law practice governs whether absolute immunity exists prosecutorial action enjoyed qualified immunity portion case directed verdict immunity grounds granted face makes liable every person deprives another civil rights color state law held however section preserves least immunities traditionally extended public officers common law thus tenney brandhove found legislators absolutely immune suits observing existence common law tradition legislative immunity dating refused believe congress impinge tradition well grounded history reason overt inclusion general language statute pierson ray found absolute immunity judges equally well established common law congress specifically provided wished abolish doctrine suits briscoe lahue reached conclusion regarding immunity witnesses trial thought tradition sufficient condition absolute immunity see scheuer rhodes thought necessary one initial inquiry whether official claiming immunity point common law counterpart privilege asserts official accorded immunity tort actions common law civil rights act enacted next considers whether history purposes nonetheless counsel recognizing immunity actions malley briggs quoting tower glover present case therefore ur initial inquiry first crucial question pulliam whether common law recognized absolute immunities asserted ibid ii since view record requires reach form prosecutorial action addressed one arguably difficult analyze common law think well set forth least detail nature immunities respondent cited found single case prosecutor granted absolute immunity functions contested indeed previously recognized see imbler pachtman first case extending form prosecutorial immunity decided years enactment however common law courts recognize several categories immunities argued extended prosecutorial functions contested case arisen relevant categories judicial immunity absolute immunity claims relating exercise judicial functions see cooley law torts extended judges narrowly speaking military naval officers exercising authority order trial inferiors putting inferiors arrest preliminary trial grand petit jurors discharge duties assessors upon imposed duty valuing property purpose levy taxes commissioners appointed appraise damages property taken right eminent domain officers empowered lay alter discontinue highways highway officers deciding person claiming exemption road tax fact exempt one arrested default worked assessment members township board deciding upon allowance claims arbitrators collector customs exercising authority sell perishable property fixing upon time notice sale footnotes omitted immunity unlike judicial immunity extended government servants protecting acts official acts involving policy discretion consisting adjudication immunity however qualified defeated showing malice see billings lafferty clerk reed conway mo weeks supra bishop commentaries law pp cooley supra doubt prosecutorial functions existed modern form considered wherefore entitled qualified immunity cf pierson see wight rindskopf prosecutor acts officer deciding whether dismiss pending case characterization support absolute immunity defamation immunity common law statements made course proceeding absolutely privileged suits defamation townshend slander libel ed bishop supra pp thus ordinary witness sued complaining witness private party bringing suit sued malicious prosecution defamation immunity turn upon claimant status public judicial officer protected private parties served witnesses even prosecuting witnesses immunity extended however suits defamation iii turn next application common law immunities activities issue view petitioner makes two claims prosecutor gave incorrect legal advice elicited false misleading testimony hearing first agree neither traditional judicial defamation immunity applicable though said immunity prosecutor may therefore claim qualified immunity second agree traditional defamation immunity sufficient provide historical basis absolute immunity briscoe found defamation immunity sufficient immunize witnesses statements traditional defamation immunity also extended lawyers presenting evidence see townshend supra accordingly immunity recognized briscoe applies unlike however think disposes petitioner claims asserts petitioner challenged respondent participation hearing motivation seeking search warrant ante true one looks solely complaint since present case comes us directed verdict evidence trial must also considered issues raised pleadings tried express implied consent parties shall treated respects raised pleadings amendment pleadings may necessary cause conform evidence may made upon motion party time even judgment failure amend affect result trial issues fed rule civ proc petitioner counsel tell jury procedures described sole exclusive power seek search warrant approve seeking search warrant witness power petitioner counsel yes prosecutor county one deputies tr petitioner counsel give jury details case relied upon making decision seek search warrant think relied anything seek search warrant told wanted search warrant went ask officers based request remember answering interrogatories june yes reading list every item evidence upon relied prior making decision request search warrant relied facts statement accused circumstances shooting appeared implausible appeared insufficient injury accused substantiate story knocked unknown assailant verified caliber pistol hypnosis indicated disposed pistol tallied fact weapon never found statements made hypnosis indicated guilt failed polygraph test reading concludes answer want look emphasis added petitioner alleged complaint respondent knew known hypnotically induced testimony inadmissible see complaint given judge testimony application proceeded without prosecutorial approval reed conflicting testimony whether fact made decision think record contained facts sufficient jury find respondent wrongfully initiated search warrant proceeding moreover although basis setting aside directed verdict passed upon think adequately raised petitioner second question presented asks whether prosecutor absolutely immune seeks search warrant probable cause hearing intentionally fails fully inform relevant circumstances brief petitioner emphasis added plausible read challenging decision apply search warrant statements hearing petitioner arguments support reading petition certiorari example questions immunity function securing search warrant petition opening brief cite cases involving approval applications rather activity see pet cert brief petitioner citing liffiton keuker mcsurely mcclellan app amicus curiae supporting respondent evidently understood approval function calls screening function issue since addressed question detail see brief amicus curiae thus issue presented utmost clarity think sufficiently us find absolute immunity discussed relevant common law absolute immunities defamation immunity judicial immunity common law tort maliciously procuring search warrant species defamation unintentional tort form intentional tort malicious prosecution see wharton criminal law rev ed carey sheets ind defamation immunity unavailable defense judicial immunity applicable since respondent undertook adjudication rights clear private party action seeking search warrant enjoy judicial immunity see miller brown mo carey sheets supra though cases exist reason similar action prosecutor treated differently think entirely plain enacted absolute immunity procuring search warrant additional words needed however regarding decision imbler imbler granted prosecutor absolute immunity claim sought grand jury indictment maliciously relied holding upon common law tradition prosecutorial immunity developed much later even logical extrapolation immunities reasons stated employ methodology holding imbler remains books reasons stare decisis abandon argued therefore prosecutor role seeking search warrant akin prosecutor role seeking indictment thus imbler holding alone governs present suit insofar relevant factors concerned case imbler malley denied absolute immunity policeman procuring arrest warrant imbler recognized absolute immunity desire protect actions intimately associated judicial phase criminal process malley rejected extension act procuring arrest warrant removed judicial phase criminal proceedings act prosecutor seeking indictment act procuring mere search warrant removed still proper follow imbler rather malley defendant prosecutor imbler rather policeman malley made clear nature function performed identity actor perform inform immunity analysis forrester white denying absolute immunity judge sued nonjudicial act see also ex parte virginia whether act done judge judicial determined character character treatment qualified immunity different harlow fitzgerald anderson creighton extended qualified immunity beyond scope common law cases technically distinguishable involved statutory cause action state officials created congress cause action federal officials inferred constitution bivens six unknown fed narcotics agents opinions made nothing distinction citing cases support holdings however mistake expand harlow anderson absolute immunity contrary clear precedent described respect absolute immunity consequences severe common law extended qualified immunity public officials quite liberally courts often occasion go absolute immunity however exceedingly rare scope judicial rewriting respect broad indeed even applied respondent prevail since even tradition support prosecutorial immunity obtaining search warrants cases considering whether immunity exists divided conclusions compare anderson manley absolute immunity cashen spann qualified immunity see also torres glasgow extent immunity unclear suits policemen obtaining search warrants generally deny absolute immunity see state ex rel hedgepeth swanson peterson cleaver see also motley dugan mo app qualified immunity policeman seeking arrest warrant kidd reynolds tex civ app