Pottawattamie Cty. v. McGhee

Amicus curiae brief of the National Association of Criminal Defense Lawyers, the CATO Institute, and the American Civil Liberties Union in support of respondents.

Brief filed: 09/18/2009


Pottawattamie Cty. v. McGhee

United States Supreme Court; Case No. 08-1065

Prior Decision

Case below, 547 F.3d 922 (8th Cir. 2008).


As a matter of policy as well as precedent, absolute immunity should not be extended to shield from civil liability prosecutors who function side by side with police detectives during the investigation of a crime to frame a ‘suspect’ by fabricating ‘evidence’ and then give that ‘evidence’ its intended use by introducing it at a criminal trial. Petitioners do not enjoy qualified immunity for fabricating evidence during the investigative stage merely because they, instead of another prosecutor, presented that evidence at trial.

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Joel B. Rudin, New York, New York.