PrintMay 4, 2012
The Supreme Court Again Upholds Your Right to Be Framed
"A prosecutor ... may receive absolute immunity from suit for acts violating the Constitution in order to advance important societal values." -Elena Kagan, Solicitor General, 2009
After the Civil War, Congress passed several civil rights laws, including one allowing anyone whose said rights had been violated to sue those responsible, especially if these had been acting "under color of law" -- that is, as part of law enforcement.
Naturally, judges, prosecutors, and police have hated that provision ever since, and the courts have done their best to bleed it of meaning.
In 2009, Elena Kagan, then-solicitor general, argued before the Supreme Court that prior to trial, a defendant has no right not to be framed, because false evidence does no real harm until it is actually used in court.
"Fabrication Of Evidence During An Investigation Does Not, By Itself, Violate The Constitution" read one of the subject headings of her brief. And she quoted the opinion of a lower...(Read Full Article)
