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FLETCHER v. KALINA

No. 95-36129.

93 F.3d 653 (1996)

Rodney FLETCHER, Plaintiff-Appellee, v. Lynne KALINA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 22, 1996.

Attorney(s) appearing for the Case

John W. Cobb, Senior Deputy Prosecuting Attorney, King County Prosecuting Attorney's Office, Seattle, Washington, for defendant-appellant.

Timothy K. Ford; Robert S. Mahler, MacDonald, Hoague & Bayless, Seattle, Washington; Brady R. Johnson, Seattle, Washington, for plaintiff-appellee.

Before: WRIGHT, BEEZER and O'SCANNLAIN, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

We must decide whether a state prosecutor who allegedly made false statements in an affidavit supporting an application for a search warrant should be accorded absolute immunity. We hold that, based on Malley v. Briggs, 475 U.S. 335, 342, 106 S.Ct. 1092, 1096-97, 89 L.Ed.2d 271 (1986) and the functional analysis test, the prosecutor is not entitled to absolute immunity. We affirm and remand.<...

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