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Criminal Law

: Sentencing Law and Policy

Split 5-4 SCOTUS ruling brings deliberate indifference standard to 1983 action against prosecutors

By Douglas A. Berman

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The Supreme Court finally handed down this morning an opinion in Connick v. Thompson concerning potential liability for prosecutorial injustices. The decision is 5-4 with Justice Thomas delivering the opinion of the Court, Justice Scalia issuing a concurring opinion joined by Justice Alito, and Justice Ginsburg issuing a dissenting opinion joined Justices Breyer, Sotomayor, and Kagan. The opinion is available here (with the dissent taking up more pages than both the majority and concurring opinions) , and here is an early description of the action from the SCOTUSblog folks: The decision clarifies the burden of proof under Section 1983 against local governments. It holds that there must be proof that the injury was caused by official action or policy...continue to full post

Full post as published by Sentencing Law and Policy on March 29, 2011 (boomark / email).