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Stevens Criticizes Ruling on Prosecutorial Immunity
05-04-2011, 12:32 AM
Post: #1
Stevens Criticizes Ruling on Prosecutorial Immunity
May 03, 2011

http://legaltimes.typepad.com/blt/2011/0...unity.html

-snip-

By a 5-4 vote, the Court in Connick v. Thompson overturned a $14 million judgment awarded to a man who spent 14 years on death row in Lousiana before his convictions were overturned. At issue was whether the New Orleans prosecutor could be found guilty of a civil rights violation for failure to train his staff, based on a violation of Brady v. Maryland — a precedent that requires prosecutors to turn over exculpatory material to the defense. Justice Clarence Thomas wrote the majority opinion.

Stevens highlighted what he said were the "shocking facts" of the case, which pointed to prosecutorial misconduct well beyond a single act — including concealment of blood evidence and of conflicting police reports. Stevens indicated he agreed with dissenting Justice Ruth Bader Ginsburg that the jury was correct in finding deliberate indifference on the part of the prosecutor.

-snip-

.... Stevens said the problem could be fixed — as with other statutory interpretations by the Court — by an act of Congress, amending the civil rights protection known as Section 1983.

Such a change, said Stevens, would "produce a just result in cases like Thompson's in which there was no dispute about the fact that he was harmed by conduct that flagrantly violated his constitutional rights."

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05-04-2011, 12:41 AM
Post: #2
Supreme Court Denies $14 Million in Damages to Wrongly Convicted Louisiana Man
By Ariane De Vogue
April 1, 2011

http://abcnews.go.com/Politics/jury-gave...pent/story

-snip-

Thompson says that since he became a free man, not much can make him angry.

"If I wasn't shaken by the seven execution dates I got, or watching my friends on death row die, I can't be shaken by what the world has to offer out here," he said in a recent interview.

-snip-

But Justice Ruth Bader Ginsburg, writing for herself and Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor, took the rare step of reading her dissent from the bench.

Ginsburg said, "The record of this case abundantly shows flagrant indifference to Thompson's rights."

-snip-

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