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Ethics
: Legal Ethics ForumSeventh Circuit affirms dismissal of lawyer's suit over disclosure of ethics investigation
Opinion here. Key passages:
The plaintiff, Mervin Wolfe, is a lawyer who in 2008 ran for State's Attorney of Cumberland County, Illinois, and lost. He brought this suit in federal district court against his opponent, Barry Schaefer (the incumbent State's Attorney), and others, under 42 U.S.C. § 1983. The suit charges that they violated the Fourth Amendment and the due process clause of the Fourteenth Amendment by publicly disclosing that Wolfe was under investigation by Illinois state agencies for possible violations of legal ethics, tax law, and unemployment-insurance law. The judge dismissed the suit. The invocation of the Fourth Amendment is frivolous; of the due process clause, a little bit less so.
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The fact that a candidate for public office is under investigation for legal and ethical violations is likewise a matter of substantial public interest.
Wolfe's suit was properly dismissed.
Full post as published by Legal Ethics Forum on September 02, 2010 (boomark / email).
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