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Pottawattamie County v. McGhee Amicus Brief: Prosecutors Spread Familiar Lies

[Editor: In Pottawattamie County v. McGhee, the most interesting Section 1983 this Term, the Supreme Court will determine whether a prosecutor who manufactured evidence should be held liable for money damages.  An amicus brief, filed on behalf of state and federal prosecutors, is unpersuasive.  In three separate posts, we'll examine why.  Below is the first post.  Click her for the second; here for the third.]In their amicus brief, Prosecutors argue that policy reasons caution against imposing liability.  The Brief states:[T]he remedy sought by respondents in this case necessary to deter prosecutorial misconduct. To the contrary, prosecutors who engage in misconduct are already subject to discipline by a variety of institutions, including the prosecutors' offices themselves, state bar associations, and the judges before whom they appear...continue to full post

Full post as published by Crime & Federalism on September 10, 2009 (boomark / email).