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Maine DA Sued for Malicious Prosecution by “Absolute immunity” typically allows prosecutors to escape liability in the event of malicious prosecutions. Even when prosecutorial misconduct is exposed, the punishment is usually far less severe than that experienced by the victim of the state’s wrongdoing – such as spending many years ...
Study: 95 Percent of Elected Prosecutors are White by Joe Watson A recent study illustrates just how racially skewed the U.S. criminal justice system is with respect to its most powerful participants: prosecutors. Of 2,437 elected state and local prosecutors holding office in 2014, 95 percent were white and 79% ...
Wayward Prosecutors Go Unpunished as Prison Time for Victims Piles Up by by Brooke Williams & Shawn Musgrave Massachusetts prosecutors have violated defendants’ rights to a fair trial regularly and without punishment, even as wrongfully convicted victims of tainted prosecutions have spent years in prison before being freed, decades of ...
America's Top Five Deadliest Prosecutors - How Overzealous Personalities Drive The Death Penalty, Fair Punishment Project, 2015 FAIR PUNISHMENT PROJECT AMERICA’S TOP FIVE DEADLIEST PROSECUTORS: How Overzealous Personalities Drive The Death Penalty JUNE 2016 Last year, a journalist asked Dale Cox, then the District Attorney of Caddo Parish, Louisiana, about ...
Article • September 18, 2015
6th Circuit Affirms for State in Brady Violation Suit by 6th Circuit Affirms for State in Brady Violation Suit On March 27, 2014, the United States Court of Appeals for the Sixth Circuit affirmed the district court’s judgment for the defendant, the State of Ohio, in an ex-death row prisoner’s ...
Article • June 10, 2015
California: Government Immunity Does Not Shield Officials from Decision to Keep Wrong Person Incarcerated by California: Government Immunity Does Not Shield Officials from Decision to Keep Wrong Person Incarcerated In August 2007, the California Supreme Court held that the governmental immunity provision of Government Code (GC) §845.8(a) did not shield ...
Prosecutorial Misconduct: Taking the Justice Out of Criminal Justice by Christopher Zoukis Prosecutorial Misconduct: Taking the Justice Out of Criminal Justice by Christopher Zoukis The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous.... While the prosecutor at his best ...
Article • May 19, 2014 • from PLN May, 2014
Ninth Circuit: County May be Liable for Wrongful Conviction Even if District Attorney Enjoys Absolute Immunity by Ninth Circuit: County May be Liable for Wrongful Conviction Even if District Attorney Enjoys Absolute Immunity   On May 8, 2013, the Ninth Circuit Court of Appeals held that the County of Los ...
8th Circuit Allows Reckless Investigation Suit to Proceed After DNA Evidence Leads to Pardons for Four Convicted Murderers by In October 2012, the Eighth Circuit Court of Appeals held that four individuals (two men and two women), who had pleaded guilty or no contest to a Gage County, Nebraska rape/murder ...
Article • May 15, 2013
Absolute Prosecutorial Immunity Denied by Second Circuit Court of Appeals reversed a complaint pursuant to Federal Rule of Civil Procedure 12 (B)(6) for absolute prosecutorial immunity. Stephanie Flagler, a victim of domestic violence from her ex-boyfriend Brandon Becker, was to testify as the complaining witness. Just days prior to trial, ...
Article • April 15, 2013
US Court of Appeals Dismisses Freed Prisoner's §1983 Claim by US Court of Appeals Dismisses Freed Prisoner's §1983 Claim The United States Court of Appeals for the Seventh Circuit affirmed in December 2011 the district court’s dismissal of an Illinois prisoner’s civil rights claim against three police officers and three ...
United States District Court Grants Summary Judgment in Internet Libel Case by The United States District Court granted a Plaintiff’s motion for summary judgment in a 42 U.S.C. § 1983 suit, claiming violation of his Fourth Amendment rights. This action arose out of Thomas Mink’s publication of an internet based ...
Prosecutor Not Entitled to Immunity for Statements to Press by On November 17, 2009, the U.S. Court of Appeals for the Eleventh Circuit affirmed in part and reversed in part judgment for a prosecutor, warden, and other prison staff member accused of various constitutional violations. Woodson Hart sued prosecutor Kenneth ...
Prosecutorial Misconduct Case Pending Before Supreme Court Settles for $12 Million by Brandon Sample On January 4, 2010, the U.S. Supreme Court side-stepped resolving an important case that would have likely exposed prosecutors to greater liability when they engage in prosecutorial misconduct. The case, Pottawamie County v. McGhee and Harrington, ...
Ninth Circuit Holds Prosecutors Immune for Parole Recommendations by Mark Wilson The Ninth Circuit Court of Appeals has held that prosecutors are absolutely immune for making parole recom-mendations. Liza Brown shot her husband to death and entered into an oral plea agreement. “During the plea colloquy, the prosecutor stated that, ...
California Prosecutors, Parole Board, State Agencies Entitled to Absolute Immunity in Parole Decisions by The Ninth Circuit Court of Appeal has held that prosecutors, parole board members and state agencies are entitled to absolute immunity for participating in or making parole decisions. The Court’s ruling comes in the case of ...
Supreme Court Holds Prosecutors Immune from Using False Snitch Testimony to Gain Wrongful Conviction by John Dannenberg Supreme Court Holds Prosecutors Immune from Using False Snitch Testimony to Gain Wrongful Conviction by John E. Dannenberg On March 28, 2007, the Ninth Circuit U.S. Court of Appeals ruled that a California ...
Nassau County Attorney's Representation Of Assistant D.A. Terminated For Suspicion by Nassau County (New York) and District Attorney Dennis Dillon appealed an order granting reimbursement for private counsel obtained by Assistant District Attorney Marie Salem in a 42 U.S.C. § 1983 defamation suit. The County also appealed a protective order ...
Prosecutor Immune from Suit Where Charges Dropped on Appeal by The plaintiff was prosecuted and convicted of assault on a staff member and sentenced to an additional eight months in jail; on appeal the charges were dropped. The plaintiff sued the prosecutor and those who brought the charges. The prosecutor ...
Okay for Prosecutor to Ask Defendant’s Daughter to Elicit Confession by The assistant district attorney arranged for a criminal defendant's daughter to visit his cell in the absence of his counsel and urge him to confess. The ADA could reasonably have believed that his conduct was not illegal, since prior ...
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