Posted on 06/15/2017 9:42:03 AM PDT by Oldeconomybuyer
Baltimore’s top prosecutor is urging a federal appeals court to find that she is immune from a civil lawsuit filed by five police officers charged in the death of Freddie Gray.
The officers are suing Baltimore State’s Attorney Marilyn Mosby for malicious prosecution, defamation and invasion of privacy. Other claims, including false imprisonment, were dismissed.
Mosby said in a brief filed this week in the 4th U.S. Circuit Court of Appeals that a lower court should have found her to be immune from being sued because she’s a prosecutor.
(Excerpt) Read more at washingtonpost.com ...
Well, maybe they can find her to be “immune from being Black” too while they are at it.
Radical left wing activist politicians are usually immune to any sort of legal action, according to radical left wing activist judges.
https://en.wikipedia.org/wiki/Imbler_v._Pachtman
For the 1st time, possibly in her life, she’s correct.
Imbler v. Pachtman, 424 U.S. 409 (1976), was a United States Supreme Court case in which district attorneys or prosecutors were found to have full immunity from civil suits resulting from their government duties.
Imbler, a defendant in a murder trial, had been convicted and sentenced when the district attorney, Pachtman, revealed new evidence that he said had recently surfaced and which exonerated Imbler. Imbler used the new evidence to successfully free himself, then brought up a civil suit alleging that Pachtman had withheld evidence. The suit, however, was dismissed on the grounds that Pachtman had prosecutorial immunity, a finding which the Supreme Court affirmed.
They always think they should be immune to the damage they do.
GOOD!
Ask Mike Nifong how that works...
Black privileges
So the prosecutor wants her actions to be accountable to no one. She then answers to no one.
That’s called a dictator.
All dictators are immune from legal reprisal for their illegal actions until their victims have had enough of their thuggery and take matters into their own hands. History repeats.
She is elected. She is accountable to the voter.
Nifong had a criminal conviction working against him. I’m sure his “prosecutorial immunity” was effectively surrendered in that case.
She then answers to no one.
*************
Its the Liberal Way.
Nifong served one day in jail for contempt of court.
North Carolina state law is a different matter from Federal law.
She is immune Because:
It’s Baltimore
She’s Black
She’s female
She needs to check her black privilege
You bring up a good cite, it may have been brought up at the trial court on motion to dismiss. Somewhere down in the weeds there is a more precise angle at work, than "I am a proscutor, I am immune."
http://caselaw.findlaw.com/us-4th-circuit/1617846.html
On December 17, 2012, the Fourth Circuit Court of Appeals rejected all of the players’ federal claims in Evans v Chalmers Case No. 11-1436 (C.A. 4), holding: “To recapitulate, we hold as follows. We reverse the district court’s denial of all defendants’ motions to dismiss the federal claims alleged against them.
We reverse the court’s denial of the City’s motion for summary judgment as to the state common-law claims alleged against it. We affirm the court’s denial of Officers Gottlieb and Himan’s motions to dismiss the state common-law malicious prosecution claims alleged against them.
We reverse the court’s denial of the officers’ motions to dismiss all other state common-law claims. We dismiss for lack of appellate jurisdiction the City’s appeal of the state constitutional claims alleged against it. Finally, we remand the cases for further proceedings consistent with this opinion.”
The only claims to survive this decision were state constitutional claims. Judge J. Harvie Wilkinson III concurred, ruling: “A few additional observations may underscore the overblown nature of this case. Plaintiffs have sought to raise every experimental claim and to corral every conceivable defendant.
The result is a case on the far limbs of law and one destined, were it to succeed in whole, to spread damage in all directions.
Yes, it was upheld by the US Supreme Court. No, Nifong wasn’t black.
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