lynne kalina petitioner rodney fletcher argued october decided december held section may create damages remedy prosecutor making false statements fact affidavit supporting application arrest warrant since conduct protected doctrine absolute prosecutorial immunity pp imbler pachtman subsequent cases recognize criminal prosecutor fully protected absolute immunity performing traditional functions advocate see buckley fitzsimmons protected qualified immunity acting advocate functions complaining witness presenting judge complaint supporting affidavit establish prob able cause arrest see malley briggs cases petitioner activities connection preparation filing information respondent motion arrest warrant clearly protected absolute immunity part advocate function indeed except act personally attesting truth averments certification preparation filing third document protected well pp however petitioner acting complaining witness rather lawyer executed certification nder penalty perjury insofar may provide remedy respondent since fourth amendment requirement arrest warrants based upon probable cause supported oath affirmation may satisfied mere filing unsworn information signed prosecutor see gerstein pugh since washington prosecutions commenced information state law requires arrest warrant supported either affidavit sworn testimony establishing grounds issuing warrant petitioner certification designed satisfy requirements neither federal state law made necessary prosecutor make certification petitioner argument execution one incident presentation viewed whole work advocate unavailing although exercise advocate professional judgment informed petitioner actions judgment affect truth falsity factual statements contained certification testifying facts function witness lawyer matter brief succinct may evidentiary component application arrest warrant distinct essential predicate finding probable cause even person makes constitutionally required oath affirmation lawyer function performs witness petitioner final argument denying absolute immunity chilling effect prosecutors administration justice supported evidence unpersuasive pp affirmed stevens delivered opinion unanimous scalia filed concurring opinion thomas joined notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press lynne kalina petitioner rodney fletcher writ certiorari appeals ninth circuit december justice stevens delivered opinion question presented whether creates damages remedy prosecutor making false statements fact affidavit supporting application arrest warrant whether contends conduct protected doctrine absolute prosecutorial immunity petitioner deputy prosecuting attorney king county washington following customary practice december commenced criminal proceeding respondent filing three documents king county superior two information charging respondent burglary motion arrest unsworn pleadings burglary charge based alleged theft computer equipment school washington criminal rules require arrest warrant supported affidavit sworn testimony establishing grounds issuing warrant satisfy requirement petitioner supported motion third certification determination probable cause summarized evidence supporting charge personally vouched truth facts set forth certification penalty perjury based petitioner certification trial found probable cause ordered arrest warrant issued petitioner certification contained two inaccurate factual statements noting respondent fingerprints found glass partition school petitioner stated respondent never associated school manner permission enter school take property fact installed partitions premises authorized enter school also stated employee electronics store identified respondent photo montage person asked appraisal computer stolen school fact employee identify respondent respondent arrested spent day jail month later charges dismissed prosecutor motion ii respondent brought action rev stat amended seeking damages petitioner based alleged violation constitutional right free unreasonable seizures determining immunity accept allegations respondent complaint true see buckley fitzsimmons respondent complaint focuses false statements made petitioner certification petitioner moved summary judgment ground three documents filed commence criminal proceedings procure arrest warrant protected doctrine absolute prosecutorial immunity district denied motion holding entitled absolute immunity whether qualified immunity apply question fact appeals ninth circuit affirmed ninth circuit first noted decision malley briggs police officer secures arrest warrant without probable cause assert absolute immunity defense observed petitioner actions writing signing filing declaration arrest warrant virtually identical police officer actions malley relying functional approach endorsed buckley fitzsimmons appeals concluded expose police potential liability protecting prosecutors act appeals acknowledged sixth circuit reached different result joseph patterson cert denied case predated decision buckley never squarely addressed question whether prosecutor may held liable conduct obtaining arrest warrant granted certiorari resolve conflict affirm iii section codification civil rights act text statute purports create damages remedy every state official violation person federal constitutional statutory rights coverage statute thus broader common law torts nevertheless recognized congress intended statute construed light principles well settled time enactment see tenney brandhove briscoe lahue thus examined commonlaw doctrine identifying elements cause action defenses available state actors imbler pachtman held former prisoner whose conviction set aside collateral proceedings maintain action prosecutor litigated charges relying part precedent perhaps even importantly policy considerations underlying precedent concluded state prosecuting attorney acted within scope duties initiating pursuing criminal tion amenable suit liberally construed imbler complaint included charge prosecution wrongfully commenced also charge false testimony offered well charge exculpatory evidence suppressed constitutional claims thus broader specific antecedent nevertheless relying decisions providing prosecutors absolute immunity tort actions based claims decision prosecute malicious unsupported probable cause well actions defamation based statements made trial concluded statute construed provide analogous defense claims asserted imbler policy considerations justified decisions affording absolute immunity prosecutors performing traditional functions applied equally statutory claims based conduct functions considerations included interest protecting prosecutor harassing litigation divert time attention official duties interest enabling exercise independent judgment deciding suits bring conducting former interest lend support immunity litigation occupant office whereas latter applicable official performing functions require exercise prosecutorial discretion later cases made clear interest protecting proper functioning office rather interest protecting occupant primary importance imbler attempt define outer limits prosecutor absolute immunity recognize rationale encompass official activities thus concluded pachtman activities intimately associated judicial phase criminal process thus functions reasons absolute immunity apply full force put one side aspects prosecutor responsibility cast role administrator investigative officer rather advocate subsequent cases confirmed importance judicial process protecting prosecutor serving advocate judicial proceedings thus burns reed noting consensus among courts appeals concerning prosecutorial conduct grand juries held prosecutor appearance support application search warrant presentation evidence hearing protected absolute immunity buckley categorically stated acts undertaken prosecutor preparing initiation judicial proceedings trial occur course role advocate state entitled protections absolute immunity cases however found defense unavailable prosecutor performing different function burns provision legal advice police pretrial investigation facts protected qualified rather absolute immunity similarly buckley prosecutor acting advocate either held press conference allegedly fabricated evidence concerning unsolved crime reference latter holding explained 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 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 cases make clear absolute immunity protects prosecutor role advocate grounded special esteem perform functions certainly desire shield abuses office lesser degree immunity impair judicial process malley thus determining immunity examine nature function performed identity actor performed forrester white point perhaps best illustrated determination senior law enforcement official attorney general protected qualified rather absolute immunity engaged performance national defense functions rather prosecutorial functions mitchell forsyth malley considered rejected two theories immunity might accorded police officer caused unconstitutional arrest presenting judge complaint supporting affidavit failed establish probable cause first argument function comparable complaining witness actually militated claim witnesses subject suit common law second argument rested similarity conduct functions often performed prosecutors explained alternative ground claiming absolute immunity petitioner draws analogy officer requesting warrant prosecutor asks grand jury indict suspect like prosecutor petitioner argues officer must exercise discretionary judgment based evidence like prosecutor officer may exercise best judgment threat retaliatory lawsuits hangs thus petitioner urges us read giving officer absolute immunity enjoyed prosecutor cf imbler pachtman intend disrespect officer applying warrant observing action vital part administration criminal justice removed judicial phase criminal proceedings act prosecutor seeking indictment furthermore petitioner analogy force take account fact prosecutor act seeking indictment first step process seeking conviction exposing prosecutor liability initial phase prosecutorial work interfere exercise independent judgment every phase work since prosecutor might come see later decisions terms effect potential liability thus shield prosecutor ing indictment lesser immunity cial process cases make quite clear petitioner activities connection preparation filing two three charging information motion arrest protected absolute immunity indeed except act personally attesting truth averments certification seems equally clear preparation filing third document package part advocate function well critical question however whether acting complaining witness rather lawyer executed certification nder penalty perjury turn question iv fourth amendment requires arrest warrants based upon probable cause supported oath affirmation requirement may satisfied indictment returned grand jury mere filing criminal charges unsworn information signed prosecutor gerstein pugh see also coolidge new hampshire accordingly since prosecutions washington commenced information washington law requires compliance constitutional command arrest warrant supported either affidavit sworn testimony establishing grounds issuing warrant certification determination probable cause executed petitioner designed satisfy requirements although law required document sworn certified penalty perjury neither federal state law made necessary prosecutor make certification petitioner performed act competent witness might performed even may following practice routinely employed colleagues predecessors king county washington practice surely prevalent parts country even mandated law king county neither petitioner amici argue prosecutors routinely follow king county practice indeed tradition well ethics profession generally instruct counsel avoid risks associated participating advocate witness proceeding nevertheless petitioner argues execution certificate one incident presentation viewed whole work advocate integral initiation prosecution characterization appropriate drafting certification determination evidence sufficiently strong justify finding decision file charges presentation information motion matters involved exercise professional judgment indeed even selection particular facts include certification provide evidentiary support finding probable cause required exercise judgment advocate judgment affect truth falsity factual statements testifying facts function witness lawyer matter brief succinct may evidentiary component application arrest warrant distinct essential predicate finding probable cause even person makes constitutionally required oath affirmation lawyer function performs giving sworn testimony witness finally petitioner argues denying absolute immunity chilling effect prosecutors administration justice persuaded may well true prosecutors king county may abandon practice routinely attesting facts recited certification determination probable cause pattern procedures employed parts nation petitioner presents evidence administration justice harmed king county practice followed respects however argument addresses concerns affected decision merely hold may provide remedy respondent insofar petitioner performed function complaining witness depart prior cases recognized prosecutor fully protected absolute immunity performing traditional functions advocate see imbler buckley accordingly judgment appeals ninth circuit affirmed notes washington criminal rule see rev code providing inter alia certification made penalty perjury equivalent affidavit accord king county local criminal rule app id see briscoe lahue title provides 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 see cases cited decided granted broader immunity public prosecutors available malicious prosecution actions private persons brought prosecutions early common law see savile roberts ld raym eng hill miles bigelow leading cases law torts however early cases decided office public prosecutor modern form common see langbein origins public prosecution common law legal hist kress progress prosecution annals acad pol soc sci white frank noting availability malicious prosecution action curtailed growth office public prosecutor thus imbler drew guidance first american cases addressing availability malicious prosecution actions public prosecutors perhaps importantly policy considerations underlying firmly established rules providing absolute immunity judges jurors see imbler pachtman discussing similarity functions performed judges jurors prosecutors bradley fisher wall yates lansing johns kent note civil liability district attorney acts rev see white concurring judgment examining nature function performed recent innovation ex parte virginia stated hether act done judge judicial determined character character agent see also bradley fisher examining character act performed judge noted omplaining witnesses absolutely immune common law generally accepted rule one procured issuance arrest warrant submitting complaint held liable complaint made maliciously without probable cause given malice lack probable cause complainant enjoyed immunity common law thus affords support petitioner malley briggs omitted washington criminal rule provides warrant arrest must supported affidavit sworn testimony establishing grounds issuing warrant must determine probable cause issuing amicus curiae points federal prosecutors typically personally attest facts affidavit filed support application arrest warrant nstead law enforcement agent ordinarily attests facts brief amici curiae counties state washington state local rules two counties washington require prosecutor file additional document beyond information brief counties state washington amici curiae see washington rule professional conduct lawyer shall act advocate trial lawyer likely necessary witness unless four narrow exceptions apply aba model rules professional conduct brief petitioner lynne kalina petitioner rodney fletcher writ certiorari appeals ninth circuit december justice scalia justice thomas joins concurring agree kalina performed essentially function criminal process police officers malley briggs join opinion write separately shame opinions reflect awareness functional approach immunity questions produced curious inversions common law existed enacted conscientious prosecutor reading cases conclude absolute immunity decision seek arrest warrant filing information qualified immunity testimony witness support warrant rule sense exactly opposite course thing absolute prosecutorial immunity enacted indeed points ante generally thing modern public prosecutor common law recognized judicial immunity protected judges jurors grand jurors members courts martial private arbitrators various assessors commissioners immunity absolute extended individuals charged resolving disputes parties authoritatively adjudicat ing private rights public officials made discretionary policy decisions involve actual adjudication protected immunity defeated showing malice hence akin call qualified rather absolute immunity continue believe prosecutorial functions existed modern form considered burns reed scalia concurring judgment part dissenting part conclusion accords common law treatment private prosecutors commonly performed function delegated public officials like petitioner private citizen initiated procured criminal prosecution still sued tort malicious acted maliciously without probable cause prosecution ultimately terminated defendant favor thus although private prosecutors sometimes called complaining witnesses since public servants entitled immunity kind qualified immunity built elements tort common law also recognized absolute immunity statements made course judicial proceeding relevant matter tried immunity protected witnesses attorneys defeated even allegation statement maliciously false see hilliard law torts however immunity slander libel actions common law therefore kalina protected something resembling qualified immunity sued malicious prosecution tortious act case decision bring criminal charges fletcher liability attach fletcher prove prosecution malicious without probable cause ultimately unsuccessful kalina false statements witness support warrant application independent actionable tort although might evidence malice initiation malicious prosecution suit absolute privilege protecting testimony suits defamation long road superficially least opposite result today opinion began imbler pachtman granted prosecutors absolute immunity function initiating criminal prosecution briscoe lahue extended similar absolute immunity function serving witness malley briggs supra recognized additional functional category complaining witness since category entitled qualified immunity overturned directed verdict favor police officer caused plaintiff arrested presenting judge complaint affidavit supporting probable cause said omplaining witnesses absolutely immune common law generally accepted rule one procured issuance arrest warrant submitting complaint held liable complaint made maliciously without probable cause given malice lack probable cause complainant enjoyed immunity statement correct implies distinction witnesses absolutely immune complaining witnesses best qualifiedly immune little foundation common law law recognize two kinds witness recognized two different torts sense malley discussion complaining witnesses feint awaking different type witness much recognizing different cause action malicious prosecution comment police witness immunity chi rev time malley decided however methodology forced express conclusion terms whether particular function issue entitled immunity common law see briscoe supra cases clearly indicate immunity analysis rests functional categories inventing new functional category complaining witness history liable common law liable comment supra malley moved immunity jurisprudence much closer results common law achieved analytical approach based upon functional analysis faithfully replicate common law demonstrated opinion today describing subset actors criminal process subject suit complaining witnesses implies testifying critical event complaining witness sued malicious prosecution whether ever provided factual testimony long role initiating procuring prosecution sense witness complaining witness misleading applied police officers malley confusion less harmless however imbler malley collide produce rule stands common law head kalina absolutely immune suit challenging decision prosecute seek arrest warrant sued changes functional categories providing personal testimony imbler principle absolute prosecutorial immunity functional categories approach immunity questions imposed cases like briscoe make faithful adherence common law embodied difficult imbler functional approach deeply embedded jurisprudence reasons stare decisis abandon given concessions malley distortion term complaining witness may take us close right answer likely get kalina conduct clearly places functional category agree entitled absolute immunity precedents footnotes