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Re: [tips_and_tricks] false arrest

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  • John Wilde
    Here is a case from Supremes that distinguishes between a prosecutorial function and non-prosecuitorial function and the resulting liability if the
    Message 1 of 5 , Mar 13, 2003
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      Here is a case from Supremes that distinguishes between a "prosecutorial function" and "non-prosecuitorial" function and the resulting liability if the function is "non-prosecutorial" and it results in the violation of rights.

          The case is Kalina v. Fletcher, decided in December 1997.

      g'day
      John Wilde

      Karl-Alan wrote:

      Now this is making more and more sense. Maybe this is why the courts do their darnedest to convict so you don't have the ability to file a complaint against the prosecutor. What is your opinion? Clyde Hyde explains: No, I don't have a decision on that case but it was a Washington Supreme court Case in the late 90s and the alleged crime was in Western Washington. The case was were a man was contracted to do some computer work for a church.  During the course of his work the place was invaded by thieves and of course his finger prints were there, so they assumed he did it.  Since there were no eye witnesses, the prosecutor made the complaint against the man.  The man was found not guilty as there really was no evidence against him and all circumstantial.  He sued the prosecutor and won, because the court said that when the prosecutor makes the complaint, he does so in his own capacity as a citizen and he has no first hand information.  Most of them get away with it, and do it because if they didn't, they wouldn't have a lot of business and this is big business for the courts and keep them in the money flow. If you look in your court rules book, there is usually a caution that has to be given to anyone filing a complaint, and that is that they can be civilly sued if the complaint backfires on them.



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    • Wilbur Streett
      The case is Kalina v. Fletcher, decided in December 1997. ... The state, district, circuit, etc.. is needed in order to find the case.. Wilbur ... Putting A
      Message 2 of 5 , Mar 13, 2003
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        The case is Kalina v. Fletcher, decided in December 1997.
        >>>>>>>

        The state, district, circuit, etc.. is needed in order to find the case..

        Wilbur


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      • John Wilde
        Oh yea, one other thing. I provided the direct link. Click on the blue Kalina v. Fletcher and it will take you to the case. g day John Wilde
        Message 3 of 5 , Mar 14, 2003
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          Oh yea, one other thing. I provided the direct link. Click on the "blue"
          Kalina v. Fletcher" and it will take you to the case.

          g'day
          John Wilde

          Wilbur Streett wrote:

          > The case is Kalina v. Fletcher, decided in December 1997.
          > >>>>>>>
          >
          > The state, district, circuit, etc.. is needed in order to find the case..
          >
          > Wilbur
          >
          > --------------------------------------------
          > Putting A Human Face On Technology ;-)
          > --------------------------------------------
          > Literally! http://www.TheFaceOf.com
          >
          >
          > To unsubscribe from this group, send an email to:
          > tips_and_tricks-unsubscribe@yahoogroups.com
          >
          >
          >
          > Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
        • Utlage
          Kalina v. Fletcher, 522 US 118 (1997) - overcoming prosecutor Kalina v. Fletcher, 522 US 118 (1997) ... From: John Wilde To: tips_and_tricks@yahoogroups.com
          Message 4 of 5 , Mar 19, 2003
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            ----- Original Message -----
            Sent: Friday, March 14, 2003 8:34 AM
            Subject: Re: [tips_and_tricks] false arrest


            Oh yea, one other thing.  I provided the direct link.  Click on the "blue"
            Kalina v. Fletcher" and it will take you to the case.

            g'day
            John Wilde

            Wilbur Streett wrote:

            >     The case is Kalina v. Fletcher, decided in December 1997.
            > >>>>>>>
            >
            > The state, district, circuit, etc.. is needed in order to find the case..
            >
            > Wilbur
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