NCJ Number
47505
Journal
ECONOMIC CRIME DIGEST Volume: 4 Issue: 4 Dated: (MARCH-APRIL 1978) Pages: 21-30
Date Published
1978
Length
10 pages
Annotation
DEVELOPMENTS IN THE LAW RELATING TO PROSECUTORIAL IMMUNITY FROM CIVIL SUIT ARE OUTLINED, THE EMERGENCE OF A DEFENSE STRATEGY BASED ON SUING PROSECUTORS IN CRIMINAL CASES IS NOTED, AND IMPLICATIONS ARE DISCUSSED.
Abstract
A 1975 U.S. SUPREME COURT DECISION HELD THAT STATE PROSECUTORS, SUED INDIVIDUALLY, ARE ABSOLUTELY IMMUNE FROM SUIT UNDER THE CIVIL RIGHTS ACT OF 1871 WITH RESPECT TO THE DISCHARGE OF THEIR PROSECUTORIAL DUTIES. HOWEVER, SUBSEQUENT CASES HAVE SHOWN THAT THE PROTECTION PROVIDED IN THAT DECISION IS LESS THAN IT FIRST APPEARED TO BE. PROSECUTORS WHO BENEFIT LEAST FROM THE COURT'S FINDING ON IMMUNITY ARE THOSE WHO ARE HEAVILY INVOLVED IN INVESTIGATIVE ACTIVITIES, PARTICULARLY IN THE AREA OF WHITE COLLAR CRIME. ALTHOUGH MOST SUITS AGAINST PROSECUTORS ARE NOT INITIATED UNTIL AFTER THE RELATED CRIMINAL CASE IS OVER, THERE IS A GROWING PHENOMENON IN WHICH LAW SUITS ARE BROUGHT AGAINST PROSECUTORS DURING THE COURSE OF AN INVESTIGATION OR DURING THE PENDENCY OF A CRIMINAL CASE. THE IMPLICATIONS OF SUCH LAW SUITS FOR PROSECUTORS' OFFICES ARE CONSIDERED. IN LIGHT OF THE UNCERTAIN STATE OF THE LAW REGARDING PROSECUTORIAL IMMUNITY, PROSECUTORS' OFFICES ARE ADVISED TO EVALUATE THE PROTECTION PROVIDED DEPUTIES AND STAFF MEMBERS (INTERNAL GUIDELINES, INSURANCE COVERAGE, AGREEMENTS FOR INDEMNIFICATION, POLICIES REGARDING REPRESENTATION FOR DEPUTIES, ETC.). GUIDELINES FOR HANDLING THE DEFENSE OF A PROSECUTOR CHARGED IN A CIVIL SUIT ARE OFFERED. SUPPORTING DOCUMENTATION IS INCLUDED. (LKM)