Published on: Saturday, April 8, 2023

Cleveland, Ohio man is sentenced in 1991 for a murder he claims he didn't commit. In 2016, the Ohio Innocence Project takes an interest in his case and files multiple public-records requests for case documents. Assistant prosecutor Barbara Rhodes Marburger turns over a heavily redacted file. Several months later, the city of Cleveland produces the unredacted file. Guess what the prosecutor redacted: a bunch of "significant exculpatory evidence" that was never revealed to the man's defense attorneys! He is released after 27 years in prison and sues the prosecutor. Sixth Circuit: The prosecutor's claim that absolute immunity gets her off the hook is just silly. Obviously, qualified immunity is what gets her off the hook.

The case is Jackson v. City of Cleveland et al., No. 22-3253 (6th Cir. Apr. 6, 2023).