Is a prosecutor entitled to absolute immunity when she initiates and pursues a criminal prosecution?
MultiRegion, United States of America
The following excerpt is from D'Alessandro v. City of N.Y., 17-594-cv (2nd Cir. 2017):
Under our case law, a prosecutor unquestionably acts as an advocateand therefore receives absolute immunitywhen she initiates and pursues a criminal prosecution. See Shmueli v. City of New York, 424 F.3d 231, 236 (2d Cir. 2005). That is, she enjoys absolute immunity for acts she undertakes "in preparing for the initiation of judicial proceedings or for trial," id. at 237 (quoting Buckley, 509 U.S. at 273), that are "within the scope of [her] prosecutorial duties," id.
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