Wry Catcher
Diamond Member
- Banned
- #21
Yeah, it's fucked up.
However, where is it written that the prosecutor can't be held personally liable?
I'm not sure he can't. Generally, prosecutors are immune from civil suits for misfeasance in the course of their regular employment, i.e., prosecuting people. But I think that, in aggravated cases, they CAN be held personally liable. To be honest, I haven't read the entire opinion yet - I THINK it mainly is protective of the governmental body the prosecutor was working for. I'll check into it a little further and see what happened to the prosecutor himself. Good question.
the award was based on the misfeasance of not training the prosecutors in when they needed to turn over brady material.
But, isn't withholding known information during discovery malfeasance? Have prosecutors been indicted for such behavior?