To: SF Republican
A prosecutor has immunity if he acts “within the scope of his employment.” This immunity flows from the State’s Sovereign Immunity. However, if he acts outside that scope, particularly with malice, he is open to personal liability. Some government officials in the State and Federal Governments carry liability insurance just in case. One thing that stands out to me was his out of court statements against the defendants that proved to be lies. Also, I seem to recall that he failed to provide exculpatory evidence to the defendants (Brady vs. Md.).
To: GeorgefromGeorgia
One thing that stands out to me was his out of court statements against the defendants that proved to be lies. Also, I seem to recall that he failed to provide exculpatory evidence to the defendants (Brady vs. Md.). For the first, he can be sued for libel and/or slander by the three former defendants.
For the second, he will be disbarred.
87 posted on
04/12/2007 1:18:32 PM PDT by
Bloody Sam Roberts
(Don't question faith. Don't answer lies.)
To: GeorgefromGeorgia
A prosecutor has immunity if he acts within the scope of his employment. This immunity flows from the States Sovereign Immunity. However, if he acts outside that scope, particularly with malice, he is open to personal liability. I think his statements to the press might just pierce his immunity. It's not a DA's job to give interviews and make disparaging remarks about defendants.
If the ethics committee finds that the remarks to the press were improper, then that seems like prima facie evidence that the remarks didn't occur within the scope of his job.
I hope he gets his ass handed to him by the ethics committee & gets sued into bankruptcy by the kids.
226 posted on
04/12/2007 2:46:04 PM PDT by
BearCub
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