Can prosecutors be sued?

[pokerfan]

The right not to be framed

Monday, November 2, 2009

"THERE IS NO Freestanding Constitutional 'Right Not To Be Framed.'" So states a brief filed by Iowa prosecutors hoping to persuade the Supreme Court to dismiss a lawsuit against them for allegedly fabricating evidence that led to the 25-year incarceration of two innocent men. It's a breathtaking proposition that the justices should roundly reject when they hear the case Wednesday.

[Bucky]

1. This is America. Anyone can be sued.

Shit, lawyers are just about the only professional sector in growth mode (mostly because they've got their toes dipped in the foreclosure pool).

[pokerfan]

6. Apparently, the criminal justice system would break down

if prosecutors weren't allowed to operate with immunity. That seems to be the argument.

[Chulanowa]

2. Are they serious?

No, really, are they? Or are they building an insanity plea? What the fuck am I looking at here?

And why do I suspect Thomascalia will side with them?

[FiveGoodMen]

12. "And why do I suspect Thomascalia will side with them?"

Maybe because Scalia's already said there's no right not to be executed if you're innocent -- not if a court went to all the trouble of convicting you!

[ET Awful]

3. Fine, then we'll prosecute you criminally for civil rights violations.

There's something in there about unreasonable search and seizure isn't there?

Oh, there's also perjury which I'm sure they committed at some point if they were bringing false evidence into court.

[Myrina]

4. ... not to mention obstruction of justice ....

... for not actively pursuing the real criminal(s) ...

[FiveGoodMen]

5. In response to that, I'd say a more direct and immediate response is justified

Although I can't say what it is.

God damn some people!

[Hepburn]

7. JE-BUS H. FUCKING CHRIST....

...if they are members of their State Bar, every Bar of which I am aware has a rule which basically reads that no member shall bring before any tribunal a cause which he/she does not believe to be truthful.

OMFG......anyone want to ask me now why the hell I have always hated prosecutors???

[pokerfan]

17. What the hell?

Washington - The US Supreme Court on Wednesday is set to consider an unusual question: Do Americans who have been framed by unscrupulous prosecutors for crimes they did not commit have a right to sue the prosecutors when the fraud is finally exposed?

According to the Obama administration, the answer is no.

http://www.csmonitor.com/2009/1103/p02s18-usju.html

[Ozymanithrax]

8. Fabricating evidence is, itself, a crime.

Once placed into evidence, those who fabricated the evidence committed perjury. They also made a false statement to the police, which is also a crime.

I am not a constitutional lawyer, but it is logical to assume that fabricating evidence violates the 4th ammendment. False evidence would lead to false imprisonment.

[pokerfan]

9. I first heard it on NPR

http://www.npr.org/templates/story/story.php?storyId=12...

[Tommy_Carcetti]

10. Depends on sovreign immmunity laws.

Most states will allow suits against a public official, but there may be limitations on damages.

[leveymg]

11. You have two options: file a bar complaint or go to the US Attorney.

That's it. Otherwise, prosecutorial immunity applies, and it's close to absolute.

[pokerfan]

13. Shouldn't there be limits to immunity?

What about perpetrating a fraud on the court? Perjury? Falsifying evidence? Suborning perjury?

[leveymg]

14. If you think it's criminal, make your case to the US Attorney.

If the AUSA thinks there's something to it, the prosecutor can be convicted under a federal criminal statute and, possibly, as well as for depriving your civil rights if it was to discriminate against you.

[pokerfan]

16. Well, it's already before the Supremes

so I guess we will soon have an answer.

[Fire_Medic_Dave]

15. NIFONG!

[Brewman_Jax]

18. Their immunity needs to be removed

esp. since they prefer to target people of color, in spite of the evidence. Also, provisions for official sanction and punishment need to be instituted. Officials in the Tulia, TX drug sting suffered little, if any, punishment at all.

[Brewman_Jax]

19. The prosecutors counter that there is "no freestanding constitutional right not to be framed."

That statement is too chilling. The fact that the prosecutors had the unmitigated gall to say that bullshit out loud shows that they need to have their immunity removed.

[FiveGoodMen]

20. What greater attack could they level against our country than to deliberately undermine

its system of justice?

Treason if there ever was.