The oral argument transcript from Pottawattamie County v. McGhee is available here.
Having read the oral argument transcript: It seems clear that Chief Justice Roberts and Justice Alito both favor the prosecutors. Justice Breyer is a strong "maybe" for the prosecutors, as is Justice Scalia. Justices Stevens and Ginsburg are going to vote in favor of the framed men: Justice Sotomayor is seemingly inclined to join them. Justice Kennedy could go either way.
Justice Thomas, as is his habit, said nothing. Justice Thomas is generally pro-prosecutor, and thus it's unlikely he'd cast the deciding vote in favor of liability.
This is going to be a close case. That a case where a prosecutor framed an innocent citizen is a close case belies the assertion that liberal judicial activists have taken over the courts.
This should be an easy case. Police are entitled to qualified immunity for pre-trial conduct. Prosecutors do not deserve more protection than police officers receive. That should be especially true where, as in Pottawattamie County, prosecutors framed an innocent man for murder.
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