Does the court have any authority to grant qualified immunity to a government employee who is not a defendant in a civil case?

In the court's December 24, 2009 order, the court did not, as the Insurance Defendants contend, hold that plaintiffs criminal prosecutions were brought with probable cause. The court does, however, recognize that the language it used in its holding was ambiguous. The court intended the language to express that because the law was not clearly established as to the legality of MUAs, the government defendants could have reasonably believed there was a legal basis for their claim. Reasonability under qualified immunity is not a defense for non-government employees. Further, the court has reconsidered its ruling on probable cause under Awabdy v. City of Adelanto, 368 F.3d 1062 (9th Cir.2004).