Full Fifth Circuit Rejects Suit Over Prosecutor’s Clerkship

Sept. 13, 2024, 4:24 PM UTC

A federal appeals court declined to reinstate a lawsuit from a woman alleging a Texas county prosecutor worked on her criminal case while moonlighting as a law clerk in the court presiding over her prosecution.

In Friday’s en banc ruling by the US Court of Appeals for the Fifth Circuit, 12 of the 18 judges affirmed a trial court’s decision to toss the lawsuit, as Erma Wilson hadn’t shown a “favorable termination” to her case before suing for violations of federally protected rights.

The lead opinion by Judge Andrew Oldham and joined by eight judges said that the favorable-termination requirement ...

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