Generally speaking you cannot sue a Prosecutor for anything he/she says in court while prosecuting a case because he/she is given a type of legal immunity. Rules and laws vary by state. To be sure, check with a local personal injury attorney and ask for a free consultation. Good luck.
THIS RESPONSE DOES NOT IMPLY OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP IS IMPLIED OR CREATED BY RESPONDING OR FAILING TO RESPOND TO THIS RESPONSE. THIS RESPONSE DOES NOT PROVIDE LEGAL ADVICE. FOR LEGAL ADVICE, YOU SHOULD CONSULT AN ATTORNEY.
It's actually not that cut and dried. There is an attorney in Northern Kentucky that was recently allowed to sue a prosecutor personally for bringing a criminal case on evidence that was arguably somewhat thin. Whether the suit will be successful remains to be seen.
That having been said, I don't know of any case law that would allow you to file a defamation action simply because of the prosecutor's cross examination of you as a witness. In Kentucky, you need to prove the following for defamation:
"In order to maintain a claim for defamation the following four elements must be established: (1) defamatory language, (2) about the plaintiff, (3) which is published, and (4) which causes injury to the plaintiff’s reputation. However, even though language may be defamatory it is not actionable if it is protected under a theory of privilege." Columbia Sussex Corp., Inc. v. Hay, 627 S.W.2d 270, 273 (Ky.App. 1981).
The prosecutor is probably acting under a privilege since he has to cross examine you to do his job. That's just my opinion - please call some local attorneys for a free consultation before you make a final decision on whether or not to sue.
Sign up to receive a 3-part series of useful information and advice about personal injury law.