Prosecutorial Misconduct
Professor James R. Elkins College of Law
West Virginia University|Spring|2012|



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John Kroger's Book

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Prosecutorial Immunity

Prosecutorial Immunity: Supreme Court Cases

Supreme Court|Prosecutorial Immunity cases (Imbler v. Pachtman, Burns v. Reed, Buckley v. Fitzsimmons, Kalina v. Fletcher, Van de Kamp v. Goldstein, Connick v. Thompson

Supreme Court Oral Argument: Imbler v . Pachtman

Supreme Court Oral Argument: Burns v. Reed

Supreme Court Oral Argument: Buckley v. Fitzsimmons

Supreme Court Oral Argument: Kalina v. Fletcher

Supreme Court Oral Argument: Van de Kamp v. Goldstein

Supreme Court Oral Argument: Connick v. Thompson

Supreme Court Oral Argument Pottawattamie County v. McGhee

Pottawattamie was argued in 2009 amd was dismissed after the parties reached a settlement following oral argument. The questioned presented in Pottawattamie County was: "Whether a prosecutor is subject to personal liability under 42 U.S.C. 1983 for a wrongful conviction and incarceration where the prosecutor allegedly procured false testimony during the criminal investigation and then introduced that same testimony against the criminal defendant at trial to obtain a conviction."

Bibliography for Supplemental Reading: Lesley E. Williams, The Civil Regulation of Prosecutors, 67 Fordham L. Rev. 3441 (1999) [on-line text]; Margaret Z. Johns, Unsupportable and Unjustified: A Critique of Absolute Prosecutorial Immunity, 80 Fordham L. Rev. 509 (2011) [on-line text];

Prosecutorial Oversight

Joel B. Rudin, The Supreme Court Assumes Errant Prosecutors Will be Disciplined By Their Offices or the Bar: Three Case Studies That Prove That Assumption Wrong, 80 Fordham L. Rev. 537 (2011) [on-line text]

Prosecutorial Oversight Press Conference, October 27, 2011. 71:33 mins. The launch of a nationwide tour and national dialogue in the wake of Connick v. Thompson.

Civil Actions Against Prosecutors (and Others) for Misconduct

Readings: Sam Kamin, "Duke Lacrosse, Prosecutorial Misconduct, and the Limits of the Civil Justice System," in Howard M. Wasserman (ed.), Institutional Failures: Duke Lacrosse, Universities, the News Media, and the Legal System 43-64 (United Kingdom: Ashgate, 2010) [xerox copy provided to you]

Supplemental Reading

Memorandum Opinion, District Court, Middle District of North Carolina, in Evans, v. The City of Curham, North Carolina, [on-line text]

The Civil Suit Arising Out of the Duke Lacrosse Rape Case: How It Illustrates the Limits of Civil Rights Litigation Even When Serious Wrongs Have Been Done