Innocent man spends 13 years of a life sentence in prison for a murder in Harrisburg, Pennsylvania. He alleges that the prosecutor, Johnny Baer (now a federal prosecutor in the Northern District of Georgia) wholly fabricated a motive for the murder by enlisting the false testimony of a jailhouse snitch well-known (and even convicted) for making up police statements. Prosecutor Baer asked snitch if he “wanted a piece” of the case. Prosecutor Baer now asserts absolute immunity, saying that preparing evidence for trial is a prosecutorial act. Third Circuit: Nope, though it's "a close call." Finding witnesses is an investigative act just like a police officer would do, even if it's after charges have been filed and while preparing for trial. No absolute immunity.
The case is Roberts v. Lau, No. 22-2340 (3d Cir. Jan. 11, 2024).