The holding from the SCOTUS decision in Imbler v. Pachtman, 424 U.S. 409 (1976) is below.
To me (not an attorney and did not stay at a Holiday Inn), a prosecutor cannot be sued for damages IF a person or persons is indicted (assuming one has to be indicted for there to be any damages). I wonder how this squares with a prosecutor who was selectively prosecuting based on race and/or income. Is the absence of prosecuting people of a certain "class" covered by the SCOTUS decision or is that a violation of civil rights? I assume it would as my (not qualified to have an opinion as I do not understand "declaratory relief" in the absence of any indictment but does) reading of § 1983 suggests it does not apply to making decisions based on race and/or income. In other words, can prosecutors be charged or sued for not treating people equally?A state prosecuting attorney who acts within the scope of his duties in initiating and pursuing a criminal prosecution and in presenting the State's case, is absolutely immune from a civil suit for damages under § 1983 for alleged deprivations of the accused's constitutional rights.
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.