Byron White

“ But even if a prosecutor's role in giving advice to the police does carry with it some risk of burdensome litigation, the concern with litigation in our immunity cases is not merely a generalized concern with interference with an official's duties, but rather is a concern with interference with the conduct closely related to the judicial process. Forrester, 484 U.S., at 226, 108 S.Ct., at 543; Imbler, supra, 424 U.S., at 430, 96 S.Ct., at 995. Absolute immunity is designed to free the judicial process from the harassment and intimidation associated with litigation. ”

“ II. Is a deputy prosecutor entitled to absolute immunity when he seeks a search warrant in a probable cause hearing and intentionally fails to fully inform the court by failing to state that the arrested person made an alleged confession while under hypnosis and yet had persistently denied committing any crime before and after the hypnosis? ”

“ The next factor to be considered-risk of vexatious litigation also does not support absolute immunity for giving legal advice. The Court of Appeals asserted that absolute immunity was justified because "a prosecutor's risk of becoming entangled in litigation based on his or her role as a legal advisor is as likely as the risks associated with initiating and prosecuting a case." 894 F.2d, at 955-956. We disagree. In the first place, a suspect or defendant is not likely to be as aware of a prosecutor's role in giving advice as a prosecutor's role in initiating and conducting a prosecution. ”