Link v. Pima County

In Link v. Pima County, 193 Ariz. 336, 972 P.2d 669 (App. 1998), the trial court instructed the jury on the basis for absolute immunity, thereby allowing the jury to decide whether absolute immunity applied. Id. at 341-42, PP 17-20, 972 P.2d at 674-75. In reversing, the court held that if factual determinations were necessary to resolve the issue of immunity, the jury should determine the facts and then the court should resolve the immunity issue. Id. at P 18.