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Case 1:07-cv-00251-JMS-LEK Document 42-2 Filed 08/13/2008 Page 18 of 27 <br /> to this case reviewed the police reports, assessed the evidence and filed charges <br /> based upon the facts contained therein. <br /> As noted by the Supreme Court in Imbler, "a state prosecuting attorney who <br /> acted within the scope of his duties in initiating and pursing a criminal prosecution <br /> is immune from a civil suit for damages under §1983. <br /> The evidence establishes the following: <br /> (1) That the prosecuting attorney evaluated the evidence as provided by <br /> the police; <br /> (2) The prosecutor conducted no investigation for this matter; <br /> (3) _ The prosecutor did not direct the police in their investigation of this <br /> matter; <br /> (4) The prosecutor did not attest to any procedural matters-such as the <br /> affidavit in support of the arrest warrant like the prosecution in <br /> Kalina v Fletcher; <br /> (5) The prosecuting attorney prepared the complaint and forwarded the <br /> i <br /> charging document to the Clerk of the District Court for the Third <br /> Circuit who issued the Penal Summons; <br /> (6) No warrant for Plaintiff's arrest was ever prepared or served; <br /> (7) The prosecutor followed established procedures in the' reparation of <br /> the charging documents in this case; <br /> 11 <br />