Kirichkow v. Bruscato

Plaintiff filed a lawsuit against defendant for malicious prosecution alleging that the defendant initiated a criminal prosecution against him for personal and political reasons and without probable cause. Defendant filed a motion for summary judgment arguing that plaintiff’s claim was barred by the doctrine of absolute prosecutorial immunity. The trial court denied the defendant’s motion for summary judgment but certified for immediate appeal the question of whether a prosecutor’s decision to prosecute a criminal defendant for solely malicious reasons is an act outside of the scope of prosecutorial duties. The appellate court answered the certified question in the negative, explaining that the public policy considerations supporting absolute prosecutorial immunity outweighed concerns about the scope of that discretion. (DeARMOND and CAVANAGH, concurring)