Code Ann. § 14.003(a)(2) (West 2002). In assessing whether a suit is frivolous or malicious, a trial court may consider various factors, including whether the claim’s realistic chance of ultimate success is slight and whether the claim has no arguable basis in law or in fact. Tex. Civ. Prac. & Rem. Code Ann. § 14.003 (West 2002). We review the trial court’s decision for an abuse of discretion. Smith v. Tex. Dep’t of Criminal Justice-Inst. Div., 33 S.W.3d 338, 339 (Tex.App.-Texarkana 2000, pet. denied). It is well established that prosecutors are entitled to derived judicial immunity, also known as absolute immunity, for actions “intimately associated with the ju dicial phase of the criminal process.” See Imbler v. Pachtman, 424 U.S. 409, 427, 480, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (<HOLDING>); Charleston v. Pate, 194 S.W.3d 89, 91
recognizing absolute immunity to suits under 42 usc  1988 recognizing objective standard applicable under 42 usc  1983 and suits under united states constitution holding that a state is not a person under 42 usc  1983 holding that suits under 42 usc  1983 do not override state immunity holding defendant may receive only the portion of his fees under 42 usc  1988 that he would not have paid but for the frivolous claim