02 February 2009

Sovran Immunity

USSct 9-0: Prosecutors are entitled to absolute immunity in respect to supervision, training, and information-system management claims.


Anonymous said...

Cops are held to the standard of a worm (they only have "qualified immunity"). Prosecutors are held to a lesser standard than that ("absolute immunity"). An "ordinary" citizen so reckless as to cause a 24 year false imprisonment should be guilty of a crime, and so should a prosecutor, but prosecutors are held to the "zero" standard when it comes to civil liability. Almost always, the worst that can happen to a prosecutor is that their win can be reversed on appeal, but a reading of the court cases shows that most appellate courts bend over backwards to uphold a conviction, regardless of the severity of prosecutor's misconduct.

Anonymous said...

Here is an example of how courts hold prosecutors to the "zero" standard, even on appeal: http://www.southcarolinacriminaldefenseblog.com/2009/01/when_does_a_mistrial_result_in.html