shouldRE: Ther North Carolina (Duke lacrosse) case/OfflinePlease

[Paul Finkelman]

This is all beyond what I know; but is there a case here for "false
arrest"; is there a libel suit because the prosecutor went public with
false evidence and false information (such as claiming things when the
DNA evidence which he had proves he was lying to the public); while
probably judgment proof, is the a suit against the original complaining
witness.  

Finally, if police can be sued for false arrest and police brutality, is
it time to develop a similar tort for false prosecution and outrageous
behavior by prosecutors.  If Nifong is not personally at risk, is the a
cause of action against his office or the state?  And if not, is this
the case the try to create such an action?

Paul Finkelman

Paul Finkelman
President William McKinley Distinguished Professor of Law
     and Public Policy
Albany Law School
80 New Scotland Avenue
Albany, New York   12208-3494

518-445-3386 
pfink at albanylaw.edu
>>> Douglas Laycock <laycockd at umich.edu> 04/14/07 10:24 AM >>>


  Failure to disclose evidence is probably prosecutorial and within
the scope of immunity from damage suits.  But there is no immunity to
criminal prosecution.

  Quoting wasserma at fiu.edu:

> Professor Joseph Kennedy of UNC has this article on Slate
discussing
> the possibility of criminally prosecuting Nifong, either for
> obstruction of justice or for civil rights violations (through the
> criminal counterpart to s. 1983). The link is here:
>
>    http://www.slate.com/id/2164061/pagenum/all/#page_start[1]
>
> In the piece, he describes the constitutional right at issue as a
> general due process right to have disclosed exculpatory
information,
> not tied (as Larry suggests and as Justice Scalia intimates in
> BUCKLEY) to its use at a trial. Determining the scope of that right

> is going to be the key to any private civil rights suit as well.
>
>
> Howard Wasserman
> FIU College of Law
>
>
>

Douglas Laycock
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI  48109-1215
  734-647-9713

Links:
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[1]
/horde/services/go.php?url=http%3A%2F%2Fwww.slate.com%2Fid%2F2164061%2Fpagenum%2Fall%2F%23page_start