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Postscript: Wilson Response

By KC Johnson

The first of the defendants? responses to the lacrosse case civil suit has been filed by ex-investigator Linwood Wilson?who, in an odd twist, purports to be representing himself. Wilson?s basic argument: all claims against him should be dismissed, since his status as a prosecutor?s assistant entitled him to absolute immunity through. (The Wilson filing concedes that no case in the 4th Circuit has extended such absolute immunity to a DA?s investigator, though decisions from other circuits have done so.) The courts, Wilson notes, have consistently maintained that prosecutors are entitled to absolute immunity from civil suits on questions of (1) whether to prosecute; (2) withholding potentially exculpatory evidence. This doctrine, he continues, has been expanded to included ?other illegal actions taken by judicial officers in the course of performing their judicial duties...continue to full post

Full post as published by Durham-in-Wonderland on January 15, 2008 (boomark / email).