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Case 1:07-cv-00251-JMS-LEK Document 42-2 Filed 08/13/2008 Page 11 of 27 <br /> functioning as a police officer or detective. Buckley v. Fitzsimmons, 509 U.S. 259, <br /> 273, 113 S.Ct. 2606, 125 L.Ed.2d 209 (1993). <br /> Qualified immunity may be granted by a court if the prosecutor's conduct as <br /> I' <br /> an investigator satisfies the two-step test for qualified immunity outlined by the <br /> i <br /> Supreme Court in Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 2156 (2001). <br /> Thus, immunity decisions regarding the liability of a state prosecutor depend on <br /> `the nature of the function performed, not the identity of the actor who performed <br /> it.' " Kalina v. Fletcher, 522 U.S. 118, 127, 118 S.Ct. 502, 508, 139 L.Ed.2d 471 <br /> (1997A (quoting Forrester v. White, 484 U.S. 219, 229, 108 S.Ct. 538, 545, . <br /> 98 L.Ed.2d 555 (1988)). <br /> In deciding whether to accord a prosecutor immunity from a civil suit for j <br /> damages, a court must first determine whether a prosecutor has performed a quasi- <br /> I, <br /> judicial function. Imbler, 424 U.S. at 430, 96 S.Ct. at 944, 47 L.Ed.2d 128. If the <br /> prosecutor is entitled to the protection of <br /> action was art of the judicial process, the p p <br /> p J <br /> absolute immunity whether or not he or she violated the civil plaintiff s <br /> constitutional rights. See Scheuer v. Rhodes, 416 U.S. 232, 242, 94 S.Ct. 1683, <br /> 40 L.Ed.2d 90 (1974). "Implicit in the idea that officials have some immunity- <br /> absolute or qualified-for their acts, is a recognition that they may err. The concept <br /> of immunity assumes this and goes on to assume that it is better to risk some error <br /> and possible injury from such error than not to decide or act at all."); see also <br /> 4 <br />