In this Texas case, Hoog-Watson asserted that a search and seizure of her home violated 42 U.S.C. § 1983 and Texas tort law, and sought both monetary and injunctive relief against county officials. On appeal, this Court found that Hoog-Watson presented sufficient evidence to raise a genuine issue of fact as to whether the the requisite prior criminal proceeding took place, thereby precluding summary judgment. As to County Attorney Murray-Kolb's claim of prosecutorial immunity, this court found that because Murray-Kolb partipated in the search and seizure, an investigative function normally performed by the police, she is protected only by qualified immunity.
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