Source: reason.com 10-2024 Absolute immunity protects prosecutors even when they commit serious misconduct on the job. Consider the following hypothetical: You are jailed for two years as you await trial for murder. You are facing the death penalty. You have cancer, which had been in remission until you were incarcerated without proper treatment and monitoring. And, it turns out, you were charged based on a false witness statement, a fact that the local prosecutor allegedly encouraged the destruction of evidence to obscure. Now imagine suing that prosecutor and being told…
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Sotomayor Is Right: The Supreme Court Should Reevaluate Absolute Immunity for Prosecutors
Source: reason.com 7/2/24 Consider the following hypothetical: You are jailed for two years as you await trial for murder. You are facing the death penalty. You have cancer, which relapsed during your incarceration without access to adequate treatment. And it turns out you were charged based on a false witness confession, which the local prosecutor allegedly destroyed evidence to obscure. Now imagine suing that prosecutor and being told you have no recourse, because such government employees are entitled to absolute immunity. This is the backdrop for Justice Sonia Sotomayor’s opinion…
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