Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: TexasGurl24

They don’t actually have absolute immunity. Malicious prosecution is an exception to prosecutorial immunity.

https://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-offense/suing-for-damages-malicious-prosecution


92 posted on 05/17/2021 2:35:24 PM PDT by 2aProtectsTheRest (The media is banging the fear drum enough. Don't help them do it.)
[ Post Reply | Private Reply | To 90 | View Replies ]


To: 2aProtectsTheRest

You should quit reading blogs and look at actual cases. Yes, prosecutors have absolute immunity:

Read, Imbler v. Pachtman, 424 U.S. 409 (1976). See also Manetta v. Macomb County Enforcement Team, 141 F.3d 274, 279 (6th Cir. 1998); Ireland v. Tunis, 113 F.3d 1435, 1445 (6th Cir. 1997) and Lomaz v. Hennosy, 151 F.3d 493, 498 (6th Cir. 1998).

This immunity extends to all decisions to prosecute except those “deliberately based upon an unjustifiable standard such as race, religion, or other arbitrary classification,” Wayte v. United States, 470 U.S. 598, 608 (1985).

I realize that you want the law to offer protection against rogue prosecutors because it would be make you feel like you still live in a free society, but your want is misplaced.


93 posted on 05/17/2021 2:44:59 PM PDT by TexasGurl24
[ Post Reply | Private Reply | To 92 | View Replies ]

To: 2aProtectsTheRest

Read Van de Kamp v. Goldstein, 555 U.S. 335 (2009) as well and when you can actually pass a bar exam, get back to me.


94 posted on 05/17/2021 2:47:32 PM PDT by TexasGurl24
[ Post Reply | Private Reply | To 92 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson