A prosecutor who conspires to fabricate evidence can be held liable for violating a defendant's constitutional rights, the 2nd U.S. Circuit Court of Appeals has ruled.
Drawing a distinction between prosecutors' roles as advocates and investigators, the court held that prosecutors can be sued for fabricating evidence in the course of investigation, even though they are completely immune from civil rights suits for their acts as advocates.
The Second Circuit ruled that the prosecutor was on notice that using false evidence might subject him to liability.
"It has long been established that a prosecutor who knowingly uses false evidence at trial to obtain a conviction acts unconstitutionally," wrote Judge Jon O. Newman for the court.
"Any prosecutor aware of the case law would understand that fabricating evidence in his investigative role violates the standards of due process and that a resulting loss of liberty is a denial of a constitutional right."
Except in the Yellow House case, because Yellow House people have no constitutional rights, no due process rights, no civil rights, no property rights, no right to an impartial prosecutor in Federal court.
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