Prosecutors have absolute immunity for functions “closely associated with the judicial process.” Buckley v. Fitzsimmons, 509 U.S. 259, 113 S. Ct. 2606 (1993). Neither preindictment fabrication of evidence nor a postindictment press conference are functions protected by absolute immunity. Id. A prosecutor's statements to the media are not entitled to absolute immunity. Id. “Comments to the media have no functional tie to the judicial process just because they are made by a prosecutor.” Id. at 277.
