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A District Attorney wrongfully issued a warrant for my arrest, is it true that he is immune from all lawsuits?

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A District Attorney wrongfully issued a warrant for my arrest, is it true that he is immune from all lawsuits?

Postby emek » Sun Feb 26, 2012 2:25 pm

There was absolutely no reason for this warrant to be issued. I was arrested after a traffic stop in a different county and spent two days in jail and had to pay my own bail. I am being told that the District Attorney has complete immunity, but what about my Constitutional rights?
emek
 
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Joined: Sat Apr 02, 2011 4:06 am
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A District Attorney wrongfully issued a warrant for my arrest, is it true that he is immune from all lawsuits?

Postby bardoul » Sun Feb 26, 2012 2:26 pm

Before you can proceed with any lawsuit, you would have to demonstrate that they were acting in a malicious manner. That mean that you have to show they were acting in such a way as to be intentionally causing harm. If there was sufficient evidence to issue a warrant for your arrest, they were just doing their job and not acting maliciously.

But no, the DA is not immune from all lawsuits. All you have to do is look at Mike Nifong for an example where they aren't.
bardoul
 
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Joined: Fri Apr 01, 2011 8:43 pm
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