Second Circuit: Washington v. Napolitano

 

Police officers swearing to arrest warrant affidavit and effecting arrest were not performing functions closely tied to the judicial process in allegedly acting at the prosecutor's explicit instructions; a prosecutor providing testimony in support of a warrant would similarly not be shielded by absolute prosecutorial immunity.

Omission from affidavit testimony of factual details critical to the authorizing magistrate's assessment creates an issue for trial as to whether the totality of the omissions were material.

DISSENT: 

Arguable probable cause; officers' subjective belief in innocence would be immaterial.


Washington v. Napolitano