CIVIL RIGHTS - SECTION 1983 DAMAGES - PROSECUTOR HAS ABSOLUTE IMMUNITY FROM CIVIL LIABILITY FOR ACTS COMMITTED WITHIN THE SCOPE OF HIS DUTIES

• NCJ Number: 37541
• Journal: Mississippi Law Journal Volume: 47 Issue: 4 Dated: (SEPTEMBER 1976)
• Author(s): F J HAMMOND
• Date Published: 1976
• Length: 10 pages
• Corporate Author: University of Mississippi
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE DISSENT IN THIS 1976 OPINION MAINTAINED THAT WHERE THE PROSECUTOR UNCONSTITUTIONALLY SUPPRESSES EXCULPATORY EVIDENCE, HE IS ACTING BEYOND THE SCOPE OF HIS DUTIES AND SHOULD BE AFFORDED ONLY QUALIFIED IMMUNITY.

Abstract

THIS CASE COMMENT AGREES WITH THE DISSENTING OPINION IN THIS CASE (IMBLER V. PACHTMAN) ON THE BASIS THAT THE COURT HAS GIVEN A FREE REIN TO PROSECUTORS TO PURSUE CONVICTIONS USING VIRTUALLY ANY MEANS, WITHOUT RISK, WHILE LIMITING THE REMEDIES AVAILABLE TO GENUINELY WRONGED, INNOCENT DEFENDANTS TO POSSIBLE REVERSAL ON APPEAL OR RELEASE THROUGH HABEAS PROCEEDINGS.