Yeah your right, prosecutors should be afraid every time they file a Criminal case that the defendant will sue them. And based on our litigious society they will be sued every single time for all things real and imaginary. As a result prosecutors will let the guilty go free rather than prosecute and subject themselves to the slot machine justice of civil courts. In fact who would want the job if every dirtbag can sue you for money damages just for doing your job? I wouldn’t and I prosecuted criminals for many years.
Your ideas are counter productive. The USSC granted absolute immunity to make sure prosecutors are not intimidated from doing their duty by being concerned about civil suits. The few bad prosecutors can be dealt with without destroying the ability to prosecute criminals all across the nation.
Qualified immunity would protect prosecutors from frivolous suits, IF THEY FOLLOW THE ACCEPTED RULES.
The problem here is ABSOLUTE immunity - i.e. there ARE no rules for them. Prosecutors, like the rest of us humans, don’t sport wings and halos - they’re not immune to selfishness, hatred and other base emotions, regardless of their title and professing how ethical they are.
NO ONE should be unaccountable.
That said, anyone bringing a case against a prosecutor should have to prove that the prosecutor was guilty of some minimum standard of abuse of authority, or their lawyer gets disbarred and they have to pay for the prosecutor’s legal defense - and maybe they should have to post a bond to secure that payment. Such an arrangement will weed out 95% of frivolous suits.
But the idea that prosecutors should be utterly immune for ANY act, no matter how heinous, that they commit while wearing their prosecutor’s hat is absurd and unjust in the extreme.