Lawyer Talk Q&A - Why Can't Prosecutors Be Sued for Frivolous Lawsuits?

Lawyer Talk: Off the Record

In the latest episode of Lawyer Talk, Steve takes on a challenging question from a listener named Gavin: Why are district attorneys never sued when they bring frivolous lawsuits against people?

This question strikes at the heart of the legal system and the protections afforded to government officials. Steve dives deep into the intricacies of prosecutorial immunity, the nuances of Section 1983 civil rights litigation, and the emotional and financial toll of wrongful prosecution.

Gavin's question is one that many people have pondered, especially those who have found themselves on the wrong side of the law through no fault of their own. Steve acknowledges the frustration and the seeming imbalance in the system, noting that it often appears to be set up in favor of the government. After all, the government created the system, and it seems designed to protect its own.

Steve explains that while there is a mechanism in place—Section 1983—that allows for lawsuits against government officials for civil rights violations, many officials enjoy something called qualified immunity. This legal doctrine shields police officers and local government actors from lawsuits unless they violate clearly established constitutional rights. However, prosecutors, judges, and legislators often have absolute immunity, making it nearly impossible to sue them for actions taken in their official capacity.

Despite the grim reality, Steve offers a glimmer of hope. He discusses a recent case that went up to the US Supreme Court, where Justice Sotomayor hinted that the Court might be willing to reconsider the doctrine of absolute immunity for prosecutors. This could signal a potential shift in the legal landscape, offering some hope to those wrongfully prosecuted.

Throughout the episode, Steve emphasizes the emotional and financial toll that wrongful prosecution can take on individuals. He shares his own experiences from his law practice, where clients are acquitted but left financially and emotionally drained. The fight for justice is often long and arduous, and even when won, it can feel like a hollow victory.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

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