Dillberg

MEMORANDUM *

Nebs DiHberg was arrested and prosecuted for attempted sobcitation of murder. The charge was dropped when it was later determined by the state Superior Court that there was no such crime in Washington. Dibberg then sued Defendants in district court under 42 U.S.C. § 1983 and state law. The parties agreed to proceed before a magistrate judge, who granted summary judgment for Defendants on ab claims. Dibberg timely appealed. We affirm, although in part for reasons different than those rebed on by the district court.

We recite the facts only as necessary. We review the grant of summary judgment de novo, viewing the evidence in the bght most favorable to Dibberg. See Christie v. Iopa, 176 F.3d 1231, 1234 (9th Cir.1999).

A. Absolute Immunity

Casad and George enjoy absolute immunity under § 1983 for recommending a bab amount of $500,000. See Burns v. County of King, 883 F.2d 819, 824 (9th Cir.l989)(citing Lerwill v. Joslin, 712 F.2d 435, 438 (10th Cir.1983)).

They are not absolutely immune, however, for advising Deputy Zude that Dibberg could be arrested for attempted sobcitation of murder. Absolute immunity does not extend “to the prosecutorial function of giving…