In Weimer v. Cnty. of Fayette, Weimer, who had served eleven years in prison, filed a civil rights suit after her conviction for murder was vacated with prejudice. The 3rd Circuit held that, because Weimer alleged the prosecutor had engaged in investigatory conduct, absolute immunity did not protect the prosecutor from suit. However, the prosecutor was entitled to qualified immunity as to Weimer’s failure to intervene claim and as to the prosecutor’s alleged conduct in directing officers to investigate bite-mark evidence.
