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

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.).
43 posted on 04/12/2007 1:08:07 PM PDT by GeorgefromGeorgia
[ Post Reply | Private Reply | To 3 | View Replies ]


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.)
[ Post Reply | Private Reply | To 43 | View Replies ]

To: GeorgefromGeorgia
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.

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
[ Post Reply | Private Reply | To 43 | 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