122
Opinion of the Court
Respondent was arrested and spent a day in jail. About a month later, the charges against him were dismissed on the prosecutor's motion.
II
Respondent brought this action under Rev. Stat. § 1979, as amended, 42 U. S. C. § 1983, seeking damages from petitioner based on her alleged violation of his constitutional right to be free from unreasonable seizures. In determining immunity, we accept the allegations of respondent's complaint as true. See Buckley v. Fitzsimmons, 509 U. S. 259, 261 (1993). Respondent's complaint focuses on the false statements made by petitioner in the certification.6 Petitioner moved for summary judgment on the ground that the three documents that she filed to commence the criminal proceedings and to procure the arrest warrant were protected by "the doctrine of absolute prosecutorial immunity." 7 The District Court denied the motion, holding that she was not entitled to absolute immunity and that whether qualified immunity would apply was a question of fact.8 The Court of Appeals for the Ninth Circuit affirmed.
The Ninth Circuit first noted that under our decision in Malley v. Briggs, 475 U. S. 335 (1986), "a police officer who secures an arrest warrant without probable cause cannot assert an absolute immunity defense," and then observed that petitioner's "actions in writing, signing and filing the declaration for an arrest warrant" were "virtually identical to the police officer's actions in Malley." 93 F. 3d 653, 655- 656 (1996). Relying on the functional approach endorsed in Buckley v. Fitzsimmons, the Court of Appeals concluded that "it would be 'incongruous' to expose police to potential liability while protecting prosecutors for the same act." 93 F. 3d, at 656.
6 Id., at 5-6.
7 Id., at 10.
8 Id., at 21.
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