Francisco J. Rivera, Plaintiff-appellant, v. Stephen A. Leal, Individually, Defendant-appellee - 359 F.3d 1350 - Justia US Court of Appeals Cases and Opinions

Francisco J. Rivera, Plaintiff-appellant, v. Stephen A. Leal, Individually, Defendant-appellee - 359 F.3d 1350 - Justia US Court of Appeals Cases and Opinions: "Generally, prosecutorial actions that occur in court are shielded by absolute immunity, see Burns, 500 U.S. at 491-92, 111 S.Ct. at 1942; Imbler, 424 U.S. at 430-31, 96 S.Ct. at 995, even where the prosecutor knowingly proffers perjured testimony or fabricated exhibits, Rowe, 279 F.3d at 1279-80. An exception, however, is when a prosecutor personally swears to the truth of information he shares with the court. Kalina, 522 U.S. at 129-30, 118 S.Ct. at 509. In such cases, the prosecutor functions as a complaining witness and is no longer protected by absolute immunity. See id. at 131, 118 S.Ct. at 510."