Samuel A. Cox v. Brian D. Thie, Individually and as Benewah County Prosecutor, et al.

Whether the Franks v. Delaware requirement that courts conduct a materiality analysis upon a substantial preliminary showing that the affiant deliberately or recklessly omitted material facts from a warrant affidavit must be applied when the affiant is a prosecutor claiming absolute immunity.

Whether a court may grant absolute prosecutorial immunity without conducting the functional analysis required by Buckley v. Fitzsimmons and Kalina v. Fletcher to determine whether the prosecutor’s conduct in certifying facts under oath, while deliberately or recklessly withholding material information, constituted an advocacy function or a witness function.