U.S. Supreme Court justices appeared torn Wednesday over whether prosecutors deserve total immunity from lawsuits for their official acts, even when they fabricate evidence in pursuit of a murder indictment and conviction. At issue in the case -- brought by two men who were freed after serving 25 years in prison for murder -- is the scope of immunity for prosecutors who are performing police-like duties before trial and then either participate or don't participate in the trial where they would acquire full immunity.
High Court Justices Weigh Tradition of Prosecutorial Immunity Against Potential Civil Rights Violations
The National Law Journal
November 5, 2009