PDA

View Full Version : Ideal SCOTUS decision paring with Nordyke?


yellowfin
04-21-2009, 7:58 AM
Supreme Court to decide if prosecutors can be sued

http://news.yahoo.com/s/ap/20090420/ap_on_go_su_co/scotus_prosecutors/print

Mon Apr 20, 10:19 am ET

WASHINGTON – The Supreme Court will consider whether prosecutors have to face a lawsuit from two men whose convictions for killing a retired police officer were set aside.

The justices said Monday they'll hear an appeal in the fall from former Pottawattamie County, Iowa, prosecutors.

They are being sued by Curtis W. McGhee Jr., and Terry Harrington, who were convicted of first-degree murder and sentenced to life in prison in 1978 for the death of retired police officer John Schweer.

The men were released from prison after 25 years. Evidence showed police and prosecutors had failed to share evidence that pointed to another man as a possible suspect in Schweer's slaying. Some witnesses also recanted their testimony.

McGhee and Harrington filed lawsuits against the former prosecutors, including former County Attorney Dave Richter and his assistant Joseph Hrvol. They claimed authorities were eager to charge someone and that they were targeted because they are black. They also sued current County Attorney Matt Wilber after he suggested the right men had been convicted.

Richter and Hrvol argued that they were immune from lawsuits because they were acting within the scope of their job. Federal courts, however, rejected their motions to dismiss the lawsuits, saying the immunity did not extend to them.

The case is Pottawattamie County v. McGhee, 08-1065. We could REALLY use this if it will go our way. It could make a lot of progress go way faster if we can strike back on equal footing.

SwissFluCase
04-21-2009, 8:17 AM
I agree. Now we can pursue 2A based civil rights actions againt those who would deny us our rights. Now that's justice.

Question is, would we be able to go after the Brady bunch someday? I would love to see RICO used against these scumbags... yeah right. I can dream, though.

Regards,


SwissFluCase

yellowfin
04-21-2009, 10:48 AM
Actually that's not farfetched at all. We should go after them for slander.

DDT
04-21-2009, 10:58 AM
I wouldn't get too excited about this case opening up a large hole through which you will be able to drive slander cases etc. Earlier this year SCOTUS heard Van de Kamp v. Goldstein and expanded, rather than reduced, prosecutorial immunity. Now, with the claimants including race as a basis for their being selected for over-aggressive prosecution this case may stand a slightly better chance. This would probably only be useful in situations where a protected class is involved.

yellowfin
04-21-2009, 11:14 AM
No, no, I meant for slander cases to be directed against the LCAV, Bradys, et al. for all the various times we-- NRA, gun owners, CGN, OCDO, et al.--get painted as criminals, gangbangers awaiting the first gig, irresponsible parents, etc. That needs none of the legal framework we've gained. Anything they say about us would pretty easily qualify as hate speech against anyone else so we push that to defund them. Unrelated to this case entirely.

What I meant for this is the "overzealous" agenda based bogus prosecution with the specific intent to intimidate people out of exercising 2nd Amendment rights. This decision + Nordyke + title 18 242 = anti gun DA's get a taste of their own medicine.

DDT
04-21-2009, 12:07 PM
No, no, I meant for slander cases to be directed against the LCAV, Bradys, et al. for all the various times we-- NRA, gun owners, CGN, OCDO, et al.--get painted as criminals, gangbangers awaiting the first gig, irresponsible parents, etc. That needs none of the legal framework we've gained. Anything they say about us would pretty easily qualify as hate speech against anyone else so we push that to defund them. Unrelated to this case entirely.

What I meant for this is the "overzealous" agenda based bogus prosecution with the specific intent to intimidate people out of exercising 2nd Amendment rights. This decision + Nordyke + title 18 242 = anti gun DA's get a taste of their own medicine.

My mistake. The problem there is that you have 2 groups on equal "standing" and a suit against them could very easily be filed the other way 'round.