We’ll never know if former U.S. Solicitor General Paul Clement had persuaded the U.S. Supreme Court to rein in the doctrine of absolute prosecutorial immunity.
But he was certainly persuasive to the defendants in a case in which two men contended that they had served 25 years in prison because prosecutors had doctored the evidence against them.
As The National Law Journal reports, the defendants agreed to pay the two men $12 million to settle the case, which disappeared from the Supreme Court’s docket late yesterday.
Reports of Clements’ argument on behalf of the plaintiffs indicated that the justices were troubled by the allegedly egregious conduct of the prosecutors but also concerned about timidity by prosecutors who would fear that they would be personally liable for aggressive investigations and trial tactics.
By Alan Cooper