A prosecutor lacks immunity from a civil rights action for allegedly coercing a witness to frame a man who then spent 40 years in prison before being cleared of murder, the Sixth Circuit ruled.
The Michigan prosecutor, Robert Healy, can’t claim absolute or qualified immunity from Ledura Watkins’ claims of malicious prosecution and falsification of evidence, the court said.
Although prosecutors can claim absolute immunity when acting within the scope of their duties as an advocate, those who supervise and participate in unconstitutional police interrogations of a criminal suspect can’t assert that defense, the court said.
By interrogating the witness ...
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