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Even The Very Worst Prosecutors Can't Be Sued, For Good Reason

A post from DoubleX writer K.J. Dell'Antonia:

Supreme Court followers (and NPR listeners) heard an outrageous story today—that of an innocent man who spent more than two decades in prison for a murder he didn't commit before evidence of the apparent gross racism and misconduct of the police and prosecutors who put him there was uncovered. It's hard not to crave justice for this man—but what seems just for him will make justice less likely for everyone else.

Lawyers for Terry Harrison have argued that although it's long been clear that prosecutors cannot be sued for doing their job—for actually prosecuting a defendant for a crime—there is no immunity for investigative activity. Harrison claims he can sue his prosecutors for their participation in what was at best a botched investigation and at worst an outright conspiracy to arrest the wrong person for the crime. In other words, he's not suing them for prosecuting his trial, he's suing them for helping to put him in a position to be tried in the first place ... (Read the rest of this article in DoubleX).