Justice Stevens Hits Immunity Ruling, Calls on Congress to Change the Result
Retired Justice John Paul Stevens criticized a recent ruling on prosecutor immunity and called on Congress to pass a law to change the result.
Stevens criticized Connick v. Thompson in a speech Monday night to the Equal Justice Initiative, report the Wall Street Journal Law Blog and The BLT: The Blog of Legal Times. Connick shielded the New Orleans district attorney from liability for failing to train prosecutors about the need to turn over exculpatory evidence. The decision overturned a $14 million award to an exonerated inmate.
According to The BLT, it’s rare for a retired justice to criticize a specific decision. Stevens said in his speech (PDF posted by Law Blog) that prosecutorial immunity stems from a judge-made rule, and it could be changed with an amendment to Section 1983 of the Civil Rights Act.