The Case for Abolishing Absolute Prosecutorial Immunity on Equal Protection Grounds
HOFSTRA LAW REVIEW equal protection of the law simply because they had the misfortune
of suffering malicious prosecution due to the misconduct of a prosecuting attorney rather
than the misconduct of anyone else. Given no rational basis for treating victims of malicious
prosecution differently based on the status of the malicious prosecutor, the absolute
immunity judicially granted to prosecuting attorneys cannot survive equal protection scrutiny
under the US Constitution.
of suffering malicious prosecution due to the misconduct of a prosecuting attorney rather
than the misconduct of anyone else. Given no rational basis for treating victims of malicious
prosecution differently based on the status of the malicious prosecutor, the absolute
immunity judicially granted to prosecuting attorneys cannot survive equal protection scrutiny
under the US Constitution.
HOFSTRA LAW REVIEW equal protection of the law simply because they had the misfortune of suffering malicious prosecution due to the misconduct of a prosecuting attorney rather than the misconduct of anyone else. Given no rational basis for treating victims of malicious prosecution differently based on the status of the malicious prosecutor, the absolute immunity judicially granted to prosecuting attorneys cannot survive equal protection scrutiny under the US Constitution.
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