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Criminal Law

: Crime & Federalism

Pottawattamie County v. McGhee: Fabricating Evidence is All in a Day's Work

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In Pottawattamie County v. McGhee, the Supreme Court will decide whether a prosecutor should be entitled to absolute immunity from suit for "obtaining, manufacturing, coercing and fabricating evidence before filing formal charges."  Absolute immunity from suit, in the context of civil rights cases means this: Even if the prosecutor fabricated evidence, he may not be sued.  Pottawattamie County has not received the attention is deserves, primarily because it involves intricate questions of Section 1983 law.  In one Law.com article, however, we get to hear a prosecutor's take on Pottawattamie County.One of the people who joined a slippery and dishonest amicus brief (which we discussed here), said:"Every prosecutor makes decisions every day that somebody could just go ahead and file a lawsuit over...continue to full post

Full post as published by Crime & Federalism on September 14, 2009 (boomark / email).

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