Update On Prosecutor Immunity Case

This is an update to our November 4, 2009 post which discussed the United States Supreme Court case of Pottawattamie County v. McGhee, 08-1065.  On January 4, 2010, the Supreme Court dismissed the case.  The central question in the case was whether prosecutors who knowingly procure false testimony that leads to a wrongful conviction can be sued for monetary damages.  The wrongfully convicted men spent 26 years in prison for a murder they did not commit.  An investigation revealed that the prosecutors in the case helped assemble and present false testimony that led to the wrongful convictions.  The wrongfully convicted men later sued the prosecutors and the prosecutors fought the lawsuit by claiming that they had absolute immunity from civil lawsuits.  By dismissing the lawsuit, the Supreme Court passed on deciding this issue and leaves this question unresolved.

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