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The U.S. Supreme Court last term rejected two §1983 challenges to wrongful convictions. In District Attorney’s Office v. Osborne,1 the Court held the Due Process Clause does not guarantee convicted defendants the right to DNA testing. In Van de Kamp v. Goldstein,2 the Court unanimously held that absolute prosecutorial immunity protected the Los Angeles District Attorney and his chief deputy from monetary liability on a §1983 wrongful conviction claim. We analyzed Van de Kamp v. Goldstein in the June 9, 2009, NYLJ Public Interest Law column. While a setback for those concerned about wrongful convictions, the decision was not especially surprising. After all, prosecutorial immunity has long been strong medicine.

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