Prosecutor case divides U.S. Supreme Court

Published: Nov. 5, 2009 at 5:01 PM

WASHINGTON, Nov. 5 (UPI) -- U.S. Supreme Court justices are reportedly split regarding an ongoing case about whether prosecutors should enjoy absolute immunity for unscrupulous acts.

The Christian Science Monitor said based on comments made during oral arguments in the case of Pottawattamie County vs. McGhee, five Supreme Court justices appear divided into two rival camps and three justices remain centered on the prosecutor case.

Justices Ruth Bader Ginsburg, John Paul Stevens, and Sonia Sotomayor reportedly agree victims of prosecutorial misconduct should be allowed to file civil suits against prosecutors.

On the other side of the argument are Chief Justice John Roberts and Justice Samuel Alito, who appear to be concerned about the possibility fallout from such lawsuits.

The Monitor said Justices Anthony Kennedy, Stephen Breyer, and Antonin Scalia appear to have concerns on both sides of the matter.

The case stems from two men wrongfully convicted and sentenced to life in prison who are now seeking to sue the Iowa prosecutors who organized false testimony in their trials.

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