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: LawReader

ABUSE OF PROCESS ? EXTORTION IN NEGOTIATION IS ELEMENT OF THIS TORT ? Can this tort be used when plea bargain negotiations become extortion?

By Stan

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  An interesting question is raised.   Can this tort be used to seek damages for improper plea bargaining negotiations?  Under the correct fact situation this may well justify a claim against a prosecutor subject to immunity rules.  Prosecutors are entitled to qualified immunity in their investigative phase but enjoy absolute immunity during the prosecutorial phase.  So [...]

Full post as published by LawReader on April 08, 2010 (boomark / email).

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