Stinnett

MEMORANDUM **

Fallon County Attorney John Huntley and special prosecutor John Houtz bring this interlocutory appeal from the denial of their motion for summary judgment on absolute and qualified immunity grounds. We affirm in part and reverse in part. Because the facts of this case are known to the parties, we do not recite them here except as necessary to explain our decision.

I. Absolute Immunity

Russell Stinnett seeks to hold Houtz liable for falsely attesting, in two motions and affidavits, to facts he had purportedly learned while investigating Stinnett in considering whether to charge him with numerous criminal law violations. Houtz is not entitled to absolute immunity for this conduct. See Kalina v. Fletcher, 522 U.S. 118, 129-30 , 118 S.Ct. 502 , 139 L.Ed.2d 471 (1997). Houtz is, however, entitled to absolute immunity for his “determination that the evidence was sufficiently strong to justify a probable-cause finding” and his “decision to file charges” against Stinnett. See id.

Unlike Houtz, Huntley did not personally attest to any facts as a complaining witness. The record on summary judgment establishes that Huntley participated in the investigation of Stinnett by:…