Can You File a Civil Lawsuit Against a Prosecutor ?
In Imbler v. Pachtman, 424 U.S. 409, 431, 96 S. Ct. 984, 995, 47 L. Ed. 2d 128 (1976), the Supreme Court held that "in initiating a prosecution and in presenting the State's case, the prosecutor is immune from a civil suit for damages under 1983."
The Court stated that prosecutors have absolute immunity when their "activities were intimately associated with the judicial phase of the criminal process." 424 U.S. at 430, 96 S. Ct. at 995.
Therefore, the prosecutors are protected from this suit by prosecutorial immunity. Miller v. Curry, 625 S.W.2d 84, 86-87 (Tex. App.--Fort Worth 1981, writ ref'd n.r.e.).