Is a prosecutor entitled to qualified immunity when seeking a material witness warrant?

³ In alKidd v. Ashcroft , 580 F.3d 949 (9th Cir. 2009), rev'd on other grounds , 563 U.S. 731, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011), we held that when a prosecutor seeks a material witness warrant in order to investigate or preemptively detain a suspect, rather than to secure his testimony at another's trial, the prosecutor is entitled at most to qualified, rather than absolute, immunity. Id. at 963. However, our inquiry focused on whether the action was investigative or prosecutorial, rather than on the plaintiff's role. Id. at 95864.

³ In alKidd v. Ashcroft , 580 F.3d 949 (9th Cir. 2009), rev'd on other grounds , 563 U.S. 731, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011), we held that when a prosecutor seeks a material witness warrant in order to investigate or preemptively detain a suspect, rather than to secure his testimony at another's trial, the prosecutor is entitled at most to qualified, rather than absolute, immunity. Id. at 963. However, our inquiry focused on whether the action was investigative or prosecutorial, rather than on the plaintiff's role. Id. at 95864.