Foster v. Wearry

Issues: (1) Whether preparing witnesses to bolster existing evidence intended for use at the criminal trial, after probable cause has been determined, is a function “intimately associated with the judicial phase of the criminal process” and “in presenting the State’s case” such that absolute immunity applies under Imbler v. Pachtman and its progeny; and (2) whether the absolute immunity that applies to prosecutors for conduct under the “functional approach” embraced in Imbler extends to law enforcement officers performing the same conduct while assisting in the prosecution of the criminal charge.