Dale Thomas Waugh v. Art Curtis, Prosecutor, and Mike Dodds, Deputy Prosecutor, Clark County Courthouse

985 F.2d 577 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dale Thomas WAUGH, Plaintiff-Appellant, v. Art CURTIS, Prosecutor, and Mike Dodds, Deputy Prosecutor, Clark County Courthouse, Defendants-Appellees. No. 91-36205. United States Court of Appeals, Ninth Circuit. Submitted Sept. 16, 1992. * Decided Jan. 21, 1993. Appeal from the United States District Court for the Western District of Washington, No. CV-91-5263-RJB Robert J. Bryan, District Judge, Presiding. W.D.Wash. REVERSED AND REMANDED. Before EUGENE A. WRIGHT, FLETCHER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Dale Thomas Waugh appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 (1988) claim against Clark County prosecutors Art Curtis and Mike Dodds. The district court found Waugh's suit frivolous under 28 U.S.C. § 1915 (d) (1988) because "[p]rosecutors acting in a quasi-judicial capacity are absolutely immune from [§ 1983] liability." We have jurisdiction over…