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Pottawattamie County v. McGhee: DOJ's Amicus Brief

The Supreme Court will soon hear oral arguments in Pottawattamie County v. McGhee.  In McGhee, the issue is this: Should prosecutors who fabricate evidence, leading to a wrongful conviction, be absolutely immune from suit?  Absolute immunity from suit means that a wrongfully convicted person may not sue - at all or under any circumstances.   Recently the Department of Justice filed an amicus brief (via Jonathan Adler) arguing that prosecutors who fabricate evidence should be entitled to absolute immunity.  Let's examine DOJ's arguments:If the allegations here are true, petitioners engaged in prosecutorial misconduct of an execrable sort, involv ing a complete breach of the public trust. But absolute immunity reflects a policy judgment that such conduct is properly addressed not through civil liability, but through a host of other deterrents and punishments, including judicial oversight of criminal trials, and criminal and professional disciplinary proceedings against prosecutors...continue to full post

Full post as published by Crime & Federalism on September 23, 2009 (boomark / email).