413 F.3d 971
Rene BOTELLO, Plaintiff-Appellant,v.Richard GAMMICK; John Helzer; Washoe County, Defendants-Appellees.
No. 03-16618.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted March 16, 2005.
Filed June 23, 2005.

COPYRIGHT MATERIAL OMITTED Diane K. Vaillancourt, Santa Cruz, California, and Terri Keyser-Cooper, Reno, Nevada, for the plaintiff-appellant.
Gregory R. Shannon and Richard A. Gammick, Reno, Nevada, for the defendants-appellees.
Appeal from the United States District Court for the District of Nevada, Roger L. Hunt, District Judge, Presiding.
Before: NOONAN, THOMAS and FISHER, Circuit Judges.
FISHER, Circuit Judge:


1
Appellant Rene Botello alleges that after he brought to light abuses in the Washoe County District Attorney's sexual assault response program, Washoe County District Attorney Richard Gammick and Deputy District Attorney John Helzer (the "prosecutors") retaliated against him for his protected First Amendment activity, in violation of 42 U.S.C. § 1983,defamed him and subjected him to intentional infliction of emotional distress. Botello brought suit in the district court against Gammick, Helzer and Washoe County ("County"). The district court dismissed Botello's first amended complaint on the basis of absolute prosecutorial immunity, and this appeal followed. Because certain of the prosecutors' acts were not within the scope of their prosecutorial functions and were not closely associated with the judicial process, they were not shielded by absolute immunity. In addition, the County was not entitled to absolute immunity. Accordingly, we affirm in part, reverse in part and remand.

I. Background

2
We take the following facts from Botello's first amendment complaint.1 In December 2001, Botello was employed by the Washoe County Sheriff's Office ("WCSO") as a child sexual assault investigator. Botello was one of