E.D.Mich.: Prosecutor allegedly drafting false affidavit without PC not absolutely immune

A prosecutor allegedly drafting a false affidavit without probable cause for arrest warrant has no absolute immunity. There is no absolute immunity for drafting questions for a witness interview by another that explicitly avoids exculpatory information. Macmaster v. Busacca, 2021 U.S. Dist. LEXIS 248536 (E.D.Mich. Dec. 31, 2021).

Plaintiff was stopped and detained, often at gunpoint, mistaken for another man with the same first and last name, about 60 times since 2006. Each event is discrete. The statute of limitations is two years from the end of detention, and everything time barred doesn’t state a claim [would be 404(b) evidence, though]. Plaintiff states enough to go forward on the recent detentions. He seeks leave to amend to overcome a Monell bar against the City for never remedying all this, and leave is granted. Cole v. City of Chicago, 2022 U.S. Dist. LEXIS 215 (N.D.Ill. Jan. 3, 2022).*

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