Was interview by O'Brien and Longanbach an investigative function that was entitled to qualified immunity or action intimately associated with the judicial phase of the criminal process and so entitled to absolute immunity?
Was district attorney Longenbach protected by absolute immunity from suit for his interview with Sky Blue Flanders?
During a fight outside a bar, David Genzler stabbed Dustin Harless. When Genzler heard on TV news that Harless died, he turned himself into the police. A second degree murder conviction was overturned and at a second trial, Genzler was found guilty of involuntary manslaughter and was sentenced to six years. Upon release Genzler filed a §1983 suit against deputy district attorney Peter Longanbach and investigator Jeffrey O'Brien for suborning perjury. Genzler alleges that Longenbach and O'Brien convinced Sky Blue Flanders, Harless's fiancee, "that in order to secure a conviction she needed to lie about what she saw on the night of the incident and about Mr. Harless' violent past." The meeting took place after a criminal complaint had been filed against Genzler but weeks before the preliminary hearing for the first trial. The notes of the interview, along with others conducted by Longanbach and O'Brien, record only a narrative of what Flanders reportedly said at the meeting about investigation and interviews made on the day of and the day after the stabbing.
What will be an ideal response?
Investigative function. No.
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