Sue the Prosecuting Attorney for Def. of Character

[divineflux]

What is the name of your state? Washington

My partner was recently put in jail for a laughable offence that the FBI was brought in to investigate. During this time, he was put in jail and had a hearing. The court never contacted his attorny to inform him of the time and place of the hearing. In addition, the Prosecuting Attorney claimed that there were prior charges on his record in Montana for drugs and concealed weapons along with a couple other charges (information which they claim to have gotten from the Sheriff who got it from the FBI)...though he has only been to Montana once when he was much younger and had no record. Because of this, he ended up getting a bail of $10,000 and much emotional stress.

Since this happened (5 days ago) we have contacted the FBI Investigator on the case, whom after researching feels that the offence is rediculious and isn't pursuing it. Furthermore, the Detective has researched my partner's background and has found that there is absolutly nothing on his record, nor did he ever tell anyone that there ever was.

What is our possible recourse for this. Many of us feel that the Prosecuting Attorney/Sheriff should be held accountable for stating as fact information that was false and has hence caused issues. Not too mention, won't this be in his record as supposively having these non-exhistant charges in the court records?

 

[Meursault]

If these facts were stated in court for the record then live with it. They can't be touched.

 

[divineflux]

Now, there is an intersting concept....but these weren't "facts" as you put it. They were outright lies. Why should we deal with it?

I know that the legal system here in Washington is quite a bit of a joke, but one shouldn't have to just "live with it" or "accept it". Obviously the system is cracked and broken. Things should be fixed, not just accepted.

How about so reasonable or usable advice/words, rather that "deal with it".

 

[tami123]

Prosecutors have absolute immunity. The following information was taken directly off this site:

WHAT IS "IMMUNITY"? HOW DOES IT AFFECT MY ABILITY TO SUE?
Immunity allows certain individuals to be protected from suit. There are two types of immunity: absolute and qualified.

Absolute immunity means that a person cannot be sued for any act done in his or her official capacity, regardless of the person’s intentions. Judges, legislators, and prosecutors carrying out their functions as attorneys generally have absolute immunity.

Qualified immunity offers less protection. In order to successfully sue persons with qualified immunity you will have to prove their conduct violates clearly established rights which a reasonable person would have known about. Police officers generally have qualified immunity.



mreman, you've already proven yourself to be a bozo...go away.

 

[divineflux]

Thanks for posting something that is actually useful. Though, there is still much to research. From what you quoted here, it does say "generally have absolute immunity" My partner does work in a law firm, but unfortunately they deal mostly with financial law and life planning.

I just can't believe that the legal system has gotten so dirty and corrupted. What ever happened to innocent till proven guilty and stating the truth. This Public Prosecuter flat out lied about what the facts were. There has to be some recourse to deal with this. Are people like him really the type of people we want representing the legal system?

Thanks again for your assistance. It has been much helpful.

 

[stephenk]

what was the underlying charge against him? Was it entirely dismissed or is it still pending in court? You only posted that he was granted bail.

 

[Meursault]

How much do you want to bet stephen that in about 30 minutes you'll be sorry you asked that question?

 

[Sambo83]

Just write up what happened. "This joke of a prosectuting attorney, Mr. Blah Blah, made up complete lies about my partner. He does not deserve to be a public official as he is a fraudulent *******." Print it out on flyers, and pass them around and put up posters until he comes up for re-election.

 

[BelizeBreeze]

Just write up what happened. "This joke of a prosectuting attorney, Mr. Blah Blah, made up complete lies about my partner. He does not deserve to be a public official as he is a fraudulent *******." Print it out on flyers, and pass them around and put up posters until he comes up for re-election.

OH BROTHER!!!