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Court worries about stifling prosecutors

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The Supreme Court today seemed worried that allowing a bad prosecutor to be sued by a wrongfully convicted person might chill other prosecutions — even if they’re handled correctly and honestly.

In the case before the court, two former Pottawattamie County, Iowa, prosecutors were sued by the men they had convicted of first-degree murder. A later investigation found that the prosecutors never disclosed at trial that another, more likely suspect had been identified by witnesses and police.

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The convictions were thrown out, but the prosecutors unsuccessfully argued in the civil rights suits against them that they had absolute immunity because they were doing their jobs as representatives of the state.

Several justices said they were worried about the chilling effect that such a ruling could have on prosecutors, with suspects being able to sue simply because they didn’t like the verdict.

-- Associated Press

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