Prosecutors' immunity curtailed; for falsifying evidence
Article Abstract:
The US Supreme Court has in Buckley v. Fitzsimmons denied prosecutors absolute immunity from liability when they are found to have fabricated evidence during a criminal investigation or lied at a press conference. The suit was filed by a man who spent three years in prison for a murder he did not commit. He charged the prosecutors with fabricating evidence in order to obtain an indictment shortly before a primary election. The Court ruled that prosecutors should have qualified rather than absolute immunity because this is what other public officials who deal with the press are entitled to.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Court reporter's liability found
Article Abstract:
The US Supreme Court denied a court reporter and her employer absolute immunity in Antoine v Byers & Anderson Inc, ruling that a convicted criminal whose appeal was delayed for four years by his inability to obtain a trial transcript had the right to sue the two for damages. The court saw no reason to extend absolute immunity from judges to court reporters, finding the two jobs too dissimilar. This was a case of first impression for the court on the issue of immunity for court reporters. Lower federal courts have come down on different sides of the question.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Jones' victory may be short-lived; now she faces the tough part: proving a violation under 28 U.S.C. 1983
Article Abstract:
Paula Jones's victory in the US Supreme Court, a ruling that sitting presidents enjoy no immunity from civil suits for actions before assuming office, was historic, but now Jones faces what may prove to be the most difficult part, proving that Clinton's propositioning her while he was Arkansas governor was a constitutional tort and that her civil rights were violated. No Supreme Court case has declared such propositioning to violate an employee's civil rights.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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