Karl M. Schenk Dr. Nancy Schenk v. Robert L. Chavis, Individually and in His Official Capacity as Yankton County, South Dakota, State's Attorney

MELLOY, Circuit Judge.

Karl Schenk (Schenk) and his wife Dr. Nancy Schenk (Dr. Schenk), brought this action against Yankton County, South Dakota, State’s Attorney Robert Chavis. The Schenks allege Chavis violated Schenk’s civil rights by improperly prosecuting him. The district court found that Chavis was not entitled to summary judgment on the question of whether Chavis was entitled to absolute or qualified immunity on all issues relevant to this appeal. We conclude that Chavis is entitled to absolute immunity for signing the criminal Complaint under oath, and thus, we reverse.

I

Schenk was the…