Martin A. Schwartz Prosecutorial Immunity Developments
Prosecutorial immunity shields a prosecutor's conduct that is intimately related to the judicial phase of the criminal process.
September 02, 2022 at 03:15 PM
9 minute read
Constitutional Law
Substantial numbers of §1983 complaints filed in the federal courts allege that a state or local prosecutor violated the plaintiff's federal constitutional rights. Some of these claims allege serious constitutional wrongdoing that caused great harm to the §1983 plaintiff. But even in these cases the prosecutor will almost certainly seek dismissal on the basis of absolute prosecutorial immunity.
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