immunity exists. In Galvan v. Garmon, 710 F.2d 214 (5th Cir.1983), cert. denied 466 U.S. 949, 104 S.Ct. 2150, 80 L.Ed.2d 536 (1984), the fifth circuit held that when a probation officer erroneously prepared a motion for revocation of appellant’s probation, she was only entitled to qualified immunity. The court distinguished its earlier case of Spaulding v. Nielsen, supra: We find Spaulding not controlling in the case at hand. Whereas in Spaulding the probation officer was acting at the direction of the court during the presen-tence report process, in the immediate case the probation officer acted at her own initiative and at a different phase of the criminal process less intimately associated with the judiciary. Galvan, at 215. See also Griffin v. Leonard, 821 F.2d 1124 (5th Cir.1987) (<HOLDING>). We note also third circuit decisions,
holding that defendants are not entitled to qualified immunity holding under facts presented that probation officer was entitled to at least qualified immunity holding officials are entitled to qualified immunity for reasonable mistakes of law holding that where defendant claiming qualified immunity relies on facts that are in dispute qualified immunity cannot be granted holding that an officer applying for a warrant without probable cause may be entitled to qualified immunity but is not entitled to absolute immunity