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post #1 of 4 (permalink) Old 04-20-2009, 09:49 PM Thread Starter
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You be the Supreme Court and decided, Yea or Nay.......

Well, Should they or shouldn't they be allowed?

Court to decide if prosecutors can be sued

WASHINGTON – The Supreme Court will consider whether prosecutors have to face a lawsuit from two men whose convictions for killing a retired police officer were set aside.

The justices said Monday they'll hear an appeal in the fall from former Pottawattamie County, Iowa, prosecutors.

They are being sued by Curtis W. McGhee Jr., and Terry Harrington, who were convicted of first-degree murder and sentenced to life in prison in 1978 for the death of retired police officer John Schweer.

The men were released from prison after 25 years. Evidence showed police and prosecutors had failed to share evidence that pointed to another man as a possible suspect in Schweer's slaying. Some witnesses also recanted their testimony.

McGhee and Harrington filed lawsuits against the former prosecutors, including former County Attorney Dave Richter and his assistant Joseph Hrvol. They claimed authorities were eager to charge someone and that they were targeted because they are black. They also sued current County Attorney Matt Wilber after he suggested the right men had been convicted.

Richter and Hrvol argued that they were immune from lawsuits because they were acting within the scope of their job. Federal courts, however, rejected their motions to dismiss the lawsuits, saying the immunity did not extend to them.

Court to decide if prosecutors can be sued
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post #2 of 4 (permalink) Old 04-20-2009, 10:16 PM
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I think when there are clear cases of prosecutorial misconduct then absolutely. This guy and Nifong are poster boys for it. However there needs to be a safety in there whereby Prosecutors who are manipulated by police are protected. There was talk of going after the prosecutor here in Atlanta when those bastard cops killed the elderly woman on fabricated information from an informant.

Clearly not the prosecutors fault but people wanted blood.

Who's John Galt.

"Timeo Danaos et dona ferentes" - Virgil, The Aeneid, Book 2

If the Arabs put down their weapons today, there would be no more violence. If the Jews put down their weapons today, there would be no more Israel. --Benjamin Netayahu
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post #3 of 4 (permalink) Old 04-21-2009, 06:45 AM
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In Houston, we have had numerous innocent people who languished in jail for years because the prosecutor refused to allow DNA tests on old evidence used before DNA testing was invented. When a judge finally forced the testing, something like 50% of the prisoners turned out to be innocent, and many of them had been in prison for ten years or more. I think these people should have a right to sue. In general, there should be a right to sue, but on very narrow grounds, if someone is wrongly convicted because of misconduct, falsifying evidence, withholding witnesses, sue the bastards, if it is because of an honest mistake, or perjured testimony, then hold them harmless.

Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with sturdy alliances and enduring convictions. They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use; our security emanates from the justness of our cause, the force of our example, the tempering qualities of humility and restraint.

-President Barack Obama, 1st Inaugural address
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post #4 of 4 (permalink) Old 04-21-2009, 08:39 AM
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Sue the state, not the prosecutor.

I'm not a real dickhead...but I acted like one in high school.
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