[The district court's] findings relied on an earlier Supreme Court decision that found that a police department, for example, could be found to be deliberately indifferent to needed training if it sent out officers to apprehend felons without telling them under what circumstances they can use deadly force.How is turning over exculpatory evidence a "difficult decision"?
But Thomas wrote that prosecutors, who must be licensed attorneys, are a different kind of public employee than police officers, who without proper training might not have any idea about the legal restrictions on use of force. Instead, lawyers are educated and are required by law to know about their ethical obligations, Thomas noted.
"We do not assume that prosecutors will always make correct Brady decisions or that guidance regarding specific Brady questions would not assist prosecutors," Thomas wrote. "But showing merely that additional training would have been helpful in making difficult decisions does not establish municipal liability."
Wednesday, March 30, 2011
Yesterday the SCOTUS let the Orleans Parish D.A.'s office off the hook for a $14M verdict for prosecutorial misconduct. Typical 5-4, with Thomas writing for the Court. The Times-Pic reports.
Thus blogged Anderson ... on or about Wednesday, March 30, 2011