Federal Judiciary

Divided Sixth Circuit Revives Claims Against Overzealous Prosecutor

By Robert Loblaw

Harris v. Bornhorst, 06-3729 (6th Cir., Jan. 14, 2008)

Today?s Sixth Circuit decisions include this fascinating but tragic § 1983 case brought by Anthony Harris, who was the prime suspect in the brutal murder of a five year old neighbor. In fact, Harris had confessed to the killing and was convicted. However, the conviction was later overturned when an appellate court found that Harris ? who was twelve years old at the time ? was coerced into confessing.

Despite a plethora of shady characters who surrounded the victim and despite many inaccurate details in the boy?s confession, the district attorney remained convinced that Harris was the murderer. After his conviction was thrown out, she held a press conference reiterating her gut belief that Harris was the killer. Several years later when the Marine Corps came knocking as part of its investigation into whether Harris was fit for duty, the district attorney released confidential information to the Marines and berated the officers for even thinking of accepting Harris. He was rejected.

In the meantime, Harris had filed suit against the district attorney (and others not relevant to this appeal), claiming that she violated his Fourth, Fifth, and Fourteenth Amendment rights during her investigation and prosecution.  After the Marine Corps episode, he added a claim that the defendant had retaliated against him in violation of the First Amendment. But the district court concluded that the defendant was entitled to summary judgment on all claims.

On appeal, a divided Sixth Circuit largely reverses. Everyone agrees that the plaintiff?s First Amendment retaliation claim can proceed. The three panelists also agree that the district attorney is not entitled to absolute immunity, but they divide over whether she can claim qualified immunity for most of the remaining constitutional violations alleged by Harris. The majority of Judge Moore and District Judge McKinley concludes that these claims need to go to a jury, while Judge Griffin would toss out most of Harris?s claims.

Incidentally, the murder remains unsolved after almost ten years.

Full post as published by Decision of the Day on January 14, 2008 (boomark / email).