State Attorney Shielded Under Absolute Immunity
State Attorney Shielded Under Absolute Immunity
On April 23, 2012, Vermont Supreme Court affirmed the trial court ruling that the state's attorney was entitled to absolute immunity.
In February 2010, South Burlington Police Officer John O'Connor filed a civil lawsuit against Chittenden County State's Attorney, Thomas J. Donovan, Jr., for defamation, emotional distress, and employment interference. O'Connor alleged that Donovan, a former private attorney, employed currently as the Chittenden County State's Attorney, was a member of the "Drug Bar," representing criminal defendants.
According to O'Connor, Donovan criticized his work and threatened to not work with him. He also claimed that Donovan questioned his honesty to other prosecutors, leaked harmful information to criminal defense attorneys, and criticized him when being considered for the Drug Task Force. O'Connor further alleged that Donovan secretly met with his supervisor and criticized his job performance and lack of honesty. Donovan also declined to file charges or search warrants based on O'Connor's affidavits.
On December 2010, the trial court ruled that O'Connor failed to provide specific facts of his allegations. The court also concluded that the alleged acts were all privileged, barred by absolute or qualified immunity, or insufficient to state a claim.
O'Connor appealed. The Vermont Supreme Court ruled that the trial court decision was sound because O'Connor failed to provide records showing the basis of his claim.
See: O'Connor v. Donovan, 2012 VT 27, Case No. 2011-033
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Related legal case
O'Connor v. Donovan
| Year | 2012 |
|---|---|
| Cite | 2012 VT 27, Case No. 2011-033 |
| Level | State Supreme Court |