(concurring in the result).
I agree that Picking v. Pennsylvania Railroad, 3d Cir., 1945, 151 F.2d 240, should be overruled. But I do not share the view of the majority that the doctrine of “judicial immunity” protects whatever acts of a public prosecutor are “done in his official capacity” or are not “clearly outside his jurisdiction”.
However, I am satisfied that the present complaint, charging a prosecutor with erroneously prosecuting the plaintiff as an adult when he should have known that the plaintiff was under the age of 18, does not state such a deprivation of a federally secured right as is comprehended by the original Civil Rights Act, 42 U.S.Code § 1983, formerly R.S. § 1979, upon which this claim is predicated.
Thus, I agree that the complaint here fails to state a cause of action, but for a reason different from that upon which the majority place principal reliance.