Retired Detective Gets Immunity From Malicious Prosecution Suit

A Pennsylvania police detective, who initially conducted a murder investigation, but retired a year before any charges were filed, is entitled to qualified immunity in the exonerated suspect’s malicious prosecution suit, the Third Circuit said.

Crystal Weimer didn’t show that she had a clearly established right in 2002 that made detective Thomas Cesario liable for malicious prosecution “for failing to disclose potentially exculpatory evidence or investigative leads to the prosecutor before any charging decision” was made, the unpublished opinion by Chief Judge Michael A. Chagares said.

Weimer was the primary suspect in the murder of Curtis Haith when Cesario retired ...