Tuesday, March 29, 2011

No Liability For Failure To Train

A 5-4 United States Supreme Court has held that the New Orleans District Attorney's office cannot be held liable for failure to train prosecutors in their Brady obligations when there is a single violation of disclosure obligations. The unethical behavior by the prosecutor sent an innocent man to death row. The court majority overturned a damage award for violation of civil rights.

One interesting aspect of the case is that the information leading to exoneration came from an attorney friend of the prosecutor. The Louisiana Supreme Court found that the attorney had violated Rule 8.3 (duty to report misconduct) for not coming forward sooner. (Mike Frisch)


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