Developments in Prosecutorial Immunity

In his Section 1983 Litigation column, Martin A. Schwartz, a professor at Touro Law Center, writes: The distinction between advocacy, for which prosecutors are protected by absolute immunity, and administrative/investigative functions, which receive qualified immunity, is not always all that clear. The lower federal courts are faced with unraveling this dichotomy on an ongoing basis, and it is the subject of important recent circuit court decisions.

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