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Click here for the full text of this decision FACTS: John Wayne Charleston appeals from an adverse judgment in his suit against Randall Lee, Tina M. Richardson, and several other persons for various alleged civil rights violations committed in connection with Charleston’s conviction for aggravated robbery. The trial court dismissed Charleston’s case as to all defendants on the grounds of immunity and failure to state a claim. Charleston appeals only as to Randall Lee and Tina Richardson, the district attorney and assistant district attorney of Cass County, respectively, who represented the state in the prosecution of Charleston. HOLDING: Affirmed. District attorneys and other prosecutors are absolutely immune from liability when performing their prosecutorial functions. Prosecutorial functions are those acts representing the government in filing and presenting criminal cases, as well as other acts that are intimately associated with the judicial process. Charleston concedes that Richardson held the office of assistant district attorney and actively assisted the district attorney in filing and prosecuting the robbery charge against him. Consequently, she was the de facto assistant district attorney, and her authority cannot be attacked in a collateral proceeding. It is the nature of one’s activity, not one’s title or qualifications, that gives rise to the prosecutorial immunity. The acts of Lee and Richardson that Charleston alleged as the basis of his suit were all performed in representing the state in prosecuting the criminal case against Charleston and in representing the respondents in Charleston’s petitions for habeas corpus. As such, they were acts intimately connected to the judicial process. The trial court correctly dismissed Charleston’s suit against Lee and Richardson on the basis of prosecutorial immunity and failure to state a claim. OPINION: Cornelius, J.; Morriss, C.J., Ross and Cornelius, J.J.

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