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The Criminal Justice System and Prosecutors have immunity as there is never anything to loose, despite violating State and Federal Laws. Who has the guts to change anything ??
In the end, the U.S. Supreme Court decision in Connick v. Thompson slams the door on imposing any §1983 liability on local governments for civil damages arising from a wrongful conviction based upon an action pursuant to “official municipal policy”. Essentially, the U.S. Supreme Court, by a 5-4 margin, rejected establishing a negligence-based “failure-to-train” standard against prosecutors for failing to comply with the Brady v. Maryland, 373 U. S. 83 constitutional requirement of disclosure of exculpatory evidence to the defence.
In Imbler v. Pachtman, 424 U.S. 409 (1976), the U.S. Supreme Court established absolute immunity for district attorneys or prosecutors from civil suits resulting from their government duties.
It’s impossible to prove systemic “deliberate indifference.” Yet the courts continue to propagate the myth that wrongful convictions and prosecutorial misconduct are isolated incidents caused by only a few “bad apples”. There is no need to upset the shiny apple cart known as the criminal justice system, so the thinking goes.
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