Sterling K. Smith v. Gail K. Prosser David Knuckles Kathleen Anne Wright, and Susan Patricia King

64 F.3d 666 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sterling K. SMITH, Plaintiff-Appellee, v. Gail K. PROSSER; David Knuckles; Kathleen Anne Wright, Defendants-Appellants, and Susan Patricia King, Defendant. No. 94-17213. United States Court of Appeals, Ninth Circuit. Submitted Aug. 2, 1995. * Decided Aug. 10, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Gail K. Prosser and Kathleen Anne Wright, assistant district attorneys for Bernalillo County, New Mexico, and David Nuckols, 1 an investigator employed by the Bernalillo County District Attorney's office, appeal the district court's order denying their motion for summary judgment based on a claim of absolute immunity with respect to their prosecution of Sterling K. Smith on charges of interference with custodial rights. We have jurisdiction under 28 U.S.C. Sec. 1291 , 2 and we reverse and remand. 3 * Background 4 In 1981, Smith was awarded legal custody of his minor child as part…