Pottawattamie County v. McGhee
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-1065 | 8th Cir. |
Nov 4, 2009 |
Jan 4, 2010 | TBD | TBD | OT 2009 |
Issue: Whether a prosecutor may be subjected to a civil trial and potential damages for a wrongful conviction and incarceration where the prosecutor allegedly violated a criminal defendant's substantive due process rights by procuring false testimony during the criminal investigation, and then introduced that same testimony against the criminal defendant at trial.
Judgment: Dismissed according to Rule 46 on January 4, 2010. Settled by the parties.
SCOTUSblog Coverage
- Rethinking Prosecutorial Immunity (Erin Miller, November 5, 2009)
- How Broad Is Prosecutorial Immunity? (Erin Miller, November 3, 2009)
- Grant Write-Up: Pottawattamie County v. Harrington (Amy Howe, April 21, 2009)
Briefs and Documents
Merits Briefs
- Brief for Petitioner Pottawattamie County, Iowa, Joseph Hrvol, and David Richter
- Brief for Respondent Terry J. Harrington and Curtis W. McGhee, Jr.
- Reply Brief for Petitioner Pottawattamie County, Iowa, Joseph Hrvol, and David Richter
Amicus Briefs
- Brief for Cook County in Support of Petitioner
- Brief for United States of America in Support of Petitioner
- Brief for the National Association of Assistant United States Attorneys and the National District Attorney’s Association in Support of Petitioner
- Brief for The National Association of Counties, National Conference of State Legislatures, National League of Cities, International City/County Management Association, U.S. Conference of Mayors, and International Municipal Lawyers Association in Support of Petitioner
- Brief for the States of Colorado, Arkansas, Delaware, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, and The District of Columbia in Support of Petitioner
- Brief for the National Association of Criminal Defense Lawyers, the CATO Institute, and the American Civil Liberties Union in Support of Respondent
- Brief for the Center on the Administration of Criminal Law in Support of Respondent
- Brief for Black Cops Against Police Brutality in Support of Respondent
Certiorari-stage documents
- Opinion below (8th Circuit)
- Petition for certiorari
- Brief in opposition for respondent Terry Harrington
- Brief in opposition for respondent Curtis McGhee
- Petitioners' reply brief
- Amicus brief of the National Association of Assistant United States Attorneys and National District Attorneys Association
