constitutional law · defense
Prosecutorial immunity is a legal doctrine that protects prosecutors from civil suits for actions performed as part of their official duties. This immunity is designed to ensure that prosecutors can perform their functions without fear of personal liability, except in cases of clearly unconstitutional actions.
The action taken by the prosecutor must be in the course of their official duties.
What to prove: It must be demonstrated that the prosecutor acted within the scope of their role as a public official.
The actions for which immunity is claimed must involve discretionary functions.
What to prove: It must be shown that the prosecutor exercised judgment or discretion in making decisions related to the prosecution.
Immunity typically applies unless the prosecutor acted with malice or in clear violation of established constitutional rights.
What to prove: Evidence must be lacking that the prosecutor acted with malicious intent or engaged in unethical conduct.
The burden of proof lies with the plaintiff, who must demonstrate that the prosecutor's actions fell outside the protections of immunity, typically requiring a preponderance of the evidence standard.
Prosecutorial immunity often appears in exams in the context of tort law and civil rights violations, focusing on the balance between prosecutorial discretion and accountability.