Jan 12th, 2010 by ravi
Policing the police (and prosecutors)

McGhee and Harrington 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.

McGhee and Harrington sued, saying that as prosecutors Richter and Hrvol had them arrested without probable cause, coerced and coached witnesses, fabricated evidence against them and concealed evidence that could have cleared them. They claimed authorities were eager to charge someone and that they were targeted because they are black.

Richter and Hrvol argued, however, that they were immune from lawsuits because they were acting within the scope of their job. Ordinarily, prosecutors are immune from lawsuits based on their work at trial.

The high court was to decide whether that immunity stretched to the prosecutorial work that happens before the trial begins. Lower courts had said that it did not and had rejected the prosecutors’ request to dismiss the lawsuits.

Another small step towards reigning in the power of prosecutors and police.

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