Jeffrey McCabe v. Patrick Hart

MEMORANDUM

Jeffrey J. McCabe appeals the district court’s grant of summary judgment in his 42 U.S.C. § 1983 action. We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

I

The district court correctly held that the claims founded on the filing of the complaint by prosecutor Hart were barred by the doctrine of absolute immunity. Absolute prosecutorial immunity covers “acts undertaken by a prosecutor in preparing ... for trial,” Buckley v. Fitzsimmons, 509 U.S. 259, 273 , 113 S.Ct. 2606 , 125 L.Ed.2d 209 (1993), including “[fliling charges and initiating prosecution.” Mishler v. Clift, 191 F.3d 998, 1008 (9th Cir.1999). McCabe argues that Hart acted outside the scope of absolute immunity when he (a) drafted a complaint charging McCabe with voluntary manslaughter; (b) verified the complaint upon information and belief; and (c) signed the complaint under penalty of perjury, even though he was not required to do so under California law.

However, our case law dictates otherwise. In Mishler , we held that absolute immunity covered a medical board secretary’s act of signing a disciplinary complaint upon…