Published on: Thursday, July 6, 2023
Allegation: After Montgomery County, Ky. officials are ordered to obtain exculpatory evidence from a witness and turn it over to the defense, a prosecutor instead tells the witness to destroy the evidence. (She does.) Man, age 56, spent two years in jail facing a potential death sentence for a crime he didn’t commit — all while fighting cancer. Sixth Circuit: That is "seemingly unbecoming" but nevertheless within the prosecutor's traditional role as an advocate. Absolute immunity. Concurrence: No, no, prosecutors don't have discretion to disregard a court order. We should have granted qualified immunity.