Section 1983 affords a remedy for unconstitutional abuses of official power by state and local officials. The §1983 remedy, however, is often thwarted by an immunity defense. For example, police officers sued under §1983 may assert the defense of qualified immunity, which affords protection from liability so long as the officer did not violate clearly established federal law.

Some officials are entitled to absolute immunity. Prosecutors sued under §1983 are entitled to absolute immunity for their advocacy functions, though not for their investigative functions., which are generally governed by qualified immunity. Absolute immunity provides protection even if the officer acted in bad faith, or with malice, or violated clearly established federal law. This column focuses on three recent circuit court decisions rejecting claims of prosecutorial immunity for investigative actions.