The 1976 Supreme Court ruling in Imbler v. Pachtman created absolute immunity for prosecutors. Prosecutors cannot face civil lawsuits for prosecutorial abuses, no matter how severe.”
https://supreme.justia.com/cases/federal/us/424/409/
Maybe criminal charges for violation of rights under color of law?
Yes, I was thinking of criminal charges.
Lawyers protecting lawyers, and the preponderant influence of lawyers in government - two of the biggest contributing factors to the demise of our nation.
So long as it was “only” SCOTUS decision, there’s always a chance to overturn it with good argument and data, no?
From Deep seek
Prosecutors generally enjoy absolute immunity for actions integral to the judicial process, such as initiating prosecutions and presenting cases in court. However, exceptions exist when their actions fall outside these core functions. Here are the key exceptions, supported by relevant case law:
1. **Administrative or Managerial Tasks**:
- **Example**: Hiring, training, or supervising staff.
- **Case**: *Van de Kamp v. California* (2009) held that absolute immunity does not extend to administrative duties unrelated to courtroom advocacy.
2. **Investigative Functions**:
- **Example**: Personally participating in evidence gathering or police-like activities during the investigative phase.
- **Case**: *Buckley v. Fitzsimmons* (1993) distinguished between advocacy (immune) and investigation (not immune), denying immunity for fabricating evidence pre-indictment.
3. **Legal Advice to Police**:
- **Example**: Advising law enforcement during investigations, leading to constitutional violations.
- **Case**: *Burns v. Reed* (1991) limited immunity for out-of-court legal advice, allowing liability if it causes harm.
4. **Fabrication of Evidence**:
- **Example**: Creating or falsifying evidence during the investigative phase.
- **Case**: *Buckley* again emphasized that such acts, if done before judicial proceedings, are not protected.
5. **Public Statements**:
- **Example**: Making defamatory or false statements to the media.
- **Case**: *Buckley* ruled that press statements unrelated to court proceedings are not shielded.
6. **Non-Judicial Functions**:
- **Example**: Acting outside the scope of prosecutorial duties, such as retaliation against whistleblowers.
- **Case**: *Hartman v. Moore* (2006) allowed claims if plaintiffs prove retaliation motivated prosecution without probable cause.
7. **Qualified Immunity for Non-Core Actions**:
- When prosecutors act outside judicial functions, they may face qualified immunity, which requires proving they violated “clearly established” rights.
8. **Criminal or Unlawful Conduct**:
- While rare, prosecutors can face criminal charges or disciplinary action for intentional misconduct, even if civil immunity applies.
**Important Notes**:
- Absolute immunity does not protect against claims for injunctive relief (e.g., *Supreme Court of Virginia v. Consumers Union*, 1980).
- Misconduct during trial (e.g., using fabricated evidence) may still be immune if tied to advocacy, emphasizing the phase (investigative vs. judicial) as critical.
These exceptions ensure accountability while balancing the need for prosecutors to perform their duties without constant fear of litigation.
Look at public statements by prosecutors.