Legal Question in Constitutional Law in New York
Loss of Immunity
It is my understanding that a District Attorney loses their total and qualified immunity if they move outside of their duties as an advocate and becomes the investigator. For instance, a false criminal report was filed against me by a business associate in 2006 the investigator found no evidence to substantiate it.
In 2008 he called to inform me that the DA office had found new evidence themselves. I was arrested, charged with two felony's and facing a two year mandatory sentence.
The DA had fabricated this new evidence and refused to enter it into discovery. They did not produce anything and they did not make any excuse either.
Eighteen months later the judge finally got the guts to respond to my criminal lawyers motion and sanctioned the DA for the above. Two long months later they withdrew these false charges and judge dismissed case.
I had been warned by a local politician that he had heard I had been put on the hit list for my most recent activism. Three weeks later I was in handcuffs refusing me a lawyer for my arraignment despite telling them to incarcerate me until my attorney was out of court. They submitted a fraudulent RAP sheet I brought to judges attention.
Am I correct about loss immunity?
1 Answer from Attorneys
Re: Loss of Immunity
Qualified immunity is normally a fact intensive inquiry unless the facts plead in the complaint leaves no doubt that the government actor is immune from suit.