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Pottawattamie County v. McGhee

Docket No.: 08-1065
Certiorari Granted: Feb 20 2009
Argued: November 4, 2009
Decided: January 4, 2010

PartyNames: Pottawattamie County, Iowa, et al. v. Curtis W. McGhee, Jr., et al.
Petitioner: Pottawattamie County, Iowa, et al.
Respondent: Curtis W. McGhee, Jr., et al.

Court Below: United States Court of Appeals for the Eighth Circuit

Pottawattamie County, Iowa, et al.
v.
Curtis W. McGhee, Jr., et al.
Question Presented:

Whether a prosecutor may be subjected to a civil trial and potential damages for a wrongful conviction and incarceration where the prosecutor allegedly (1) violated a criminal defendant's "substantive due process" rights by procuring false testimony during the criminal investigation, and then (2) introduced that same testimony against the criminal defendant at trial.

Question:

May a prosecutor be subject to civil prosecution when he allegedly violated the criminal defendants' substantial due process rights by fabricating evidence and then introducing it at trial against the defendants?

Note:

DISMISSED PURSUANT TO RULE 46

Read POTTAWATTAMIE COUNTY V. MCGHEE opinion (PDF)
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