The last Section 1983 Litigation column discussed the substantive law governing §1983 claims that police officers fabricated evidence of criminal wrongdoing. We now shift gears to the defense of §1983 fabrication of evidence claims. More specifically, we focus attention on the immunity defenses at play when §1983 evidence fabrication claims for money damages are asserted against prosecutors, witnesses, and various law enforcement officers.
As we work our way through the issues it is critical to keep in mind that in §1983 actions the immunities available to a state or local official sued for damages depend on the nature of the function the official carried out rather than on his or her title. This means that the same official, who may claim absolute immunity for carrying out one function, may claim only qualified immunity for carrying out another function.
Advocacy v. Administrative
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