Section 1983 authorizes individuals to enforce their federal constitutional rights against state and local officials and municipalities. But to recover damages against an official in her personal capacity the §1983 claimant will very likely have to overcome an immunity defense. Generally speaking judges, prosecutors and legislators are granted absolute immunity, while executive officials are protected by qualified immunity.
Section 1983 complaints against prosecutors are filed in the federal courts on an ongoing basis. These complaints assert a wide range of constitutional violations. Some of the complaints allege disturbing allegations of, for example, suppression of exculpatory material, fabrication of evidence, and presentation of false evidence. Regardless of the severity of the alleged wrongdoing and resulting injuries, §1983 claims against prosecutors are invariably met with the defense of absolute prosecutorial immunity.
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