Home -> Law Blog Directory -> Consumer Law Blogs -> ThePopTort
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Consumer Law
: ThePopTortU.S Supreme Court to Decide: What Should Happen To Prosecutors Who Cook Evidence?
By Andy Hoffman
Riddle me this, civil justice fans: in a case of blatant misconduct by prosecutors that results in two innocent people going to jail for 25 years, should the prosecutors be immune from suit?
Back in 1977, in a small Iowa county whose County Attorney was up for re-election, a retired police captain working as a security guard was shot and killed. The police, with the very active participation of prosecutors, decided to ignore the likely suspect (who happened to be white) and instead go after some kids (who happened to be black). They used both threats and enticements (including a $5000 reward) to get one of the kids, a 16-year-old, to blame two others - even though they didn?t do it. The two were convicted of first-degree murder, spending the next 25 years in jail, until the Iowa Supreme Court overturned the convictions in 2003 (based on the prosecutors? misconduct). And now they have filed suit against these prosecutors.
The law normally protects prosecutors from lawsuits, but not necessarily when their misconduct has to do with their investigating the case (as here) as opposed to just prosecuting the case. Since the courts are somewhat split about this, now the U.S. Supreme Court is going to decide.
Where the high court will eventually come down is anybody?s guess, but notably, the Des Moines Register has come out strongly in support of those filing the suit, stating:
In an age when convicted murderers are being released from death row based on new DNA evidence and when prior criminal convictions are being overturned because of clear prosecutorial misconduct - the most recent being that of former Alaska Sen. Ted Stevens - it's time for the courts to reconsider a rule that gives total protection to prosecutors who abuse their powers.
Full post as published by ThePopTort on April 28, 2009 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
Hotel Food Poisoning
Thomson Holiday and JMC-Thomas Cook awards British travelers a £2.5 million personal injury settlement.
Ebay Fined
French Court Sets Fine at $61 Million
Personal Injury
Appeals Court Upholds Congressional Legislation
Tomato Salmonella
Sheetz Convenience Stores agrees to confidential out-of-court settlement with food poisoning victim.
National Association of Realtors
Settlement reached in broker listing antitrust lawsuit, pending court approval.
Missouri Attorney General's Office
$26,000 settlement reached in disability discrimination lawsuit, pending court approval.

Supreme Court to Lower Courts: Admission of 'Me Too' Evidence Is For You to Decide
Court Grants Cert. in Massachusetts v. Melendez-Diaz
Supreme Court Restricts More Rights
The Problem of Lawless Prosecutors
Supreme Court to Decide in Prosecutors Can Be Sued For Wrongful Conviction
CA high court dismisses death sentence, finds DAs withheld evidence









