May 30, 2012 · 0 Comments
EDGAR CO –
Breaking news this morning is that Herb Whitlock and Randy Steidl have won in their efforts to go to trial.
Former Edgar County States Attorney was seeking qualified and absolute immunity and Federal 7th Circuit Judge Baker Said NO!
YES, States Attorneys, cops, and local government can be held accountable when they screw up!
The opinion is 47 pages and worth the reading by everyone!
ITS GOING TO TRIAL!
Tidbids from the opinion:
Once admitted, Herrington’s statement alone precludes summary judgment by supporting plaintiffs’ contention that the police defendants violated their right not to have police officers manufacture false evidence.
“they told me everything to say” and “ain’t none of it true.”
Defendant Parrish has admitted that Reinbolt told the police defendants as many as five different stories about the night of the murders before trial, and as many as six after the trial.
ISP investigator Marlow, a defendant in this case, concluded after reviewing the record that Reinbolt’s and Herrington’s stories were the product of “blatant fabrication” and were “created.”
….a prosecutor whose investigatory conduct is the proximate cause of the due process violation that occurs when the false evidence is introduced at trial is held to the same standard of liability as a police officer who does the same thing.
To the extent that McFatridge urges that he is entitled to absolute immunity for stage three, …………………………..we Affirm the district court’s rejection of that claim
…. we Affirm the district court’s denial of qualified immunity for the ISP defendants.
Full opinion can be downloaded at this link:
By Kirk Allen