Ninth Circuit revives claims against prosecutor who personally swore to warrant affidavit containing alleged false statements

Soon afterward, prosecutors filed baseless charges and sought a secret arrest warrant to take Gibson into custody. The Ninth Circuit emphasized that “absolute immunity does not apply . Prosecutors cannot personally swear to facts to secure an arrest warrant, and then claim immunity when those sworn facts are false. The plaintiff in this case alleged that former DDA Kalbaugh knowingly made false statements in an arrest warrant application. Neither the District Court nor the Ninth Circuit has found that DDA Kalbaugh knowingly made false statements.