We are about to soon find out. There can be no more telling of a case than Pottawattamie County v. McGhee. In McGhee, prosecutors who fabricated evidence were denied absolute immunity from suit under Section 1983.
Will Sotomayor side with prosecutors who violated the law and ruined lives; or with innocent citizens who are wrongfully accused of crimes? McGhee is a litmust-test case. There are strong legal arguments on both sides. Ultimately, the issue is whether one supports prosecutors who commit misconduct; or people who are wrongfully accused of crimes.
I'll have much more to say about Pottawattamie County, but don't want the post on State v. Outing to get buried. In the meantime, here is an article summarizing some of the issues in Pottawattamie County.
