Flyer “Processed” (Arrested?) in NM After Declining to Show ID
#1216
Join Date: Jan 2011
Posts: 331
On their Facebook wall, they wrote:
#1217
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist
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Nifong was removed from office and disbarred due to professional misconduct and ethical violations and was criminally prosecuted for criminal contempt; however, like every other prosecutor in the United States he has absolute immunity from tort liability for monetary damages for malicious prosecution.
The latest case from SCOTUS upholding absolute prosecutorial immunity is Van de Kamp v. Goldstein (2009), a 9-0 decision.
That was followed by the 11th Circuit, in Rehberg v. Paulk, in July 2010 which held that:
The latest case from SCOTUS upholding absolute prosecutorial immunity is Van de Kamp v. Goldstein (2009), a 9-0 decision.
That was followed by the 11th Circuit, in Rehberg v. Paulk, in July 2010 which held that:
Absolute immunity accordingly applies to the prosecutor's actions "in initiating a prosecution and in presenting the State's case." Imbler, 424 U.S. at 431, 96 S.Ct. at 995. Prosecutors are immune for appearances in judicial proceedings, including prosecutorial conduct before grand juries, statements made during trial, examination of witnesses, and presentation of evidence in support of a search warrant during a probable cause hearing. Burns v. Reed, 500 U.S. 478, 490-92, 111 S.Ct. 1934, 1942, 114 L.Ed.2d 547 (1991); Kalina v. Fletcher, 522 U.S. 118, 126, 118 S.Ct. 502, 507-08, 139 L.Ed.2d 471 (1997); see also Van de Kamp, 129 S.Ct. at 861. "A prosecutor enjoys absolute immunity from allegations stemming from the prosecutor's function as advocate." Jones, 174 F.3d at 1281. Such absolute immunity also "extends to a prosecutor's acts undertaken. . . in preparing for the initiation of judicial proceedings or for trial, and which occur in the course of his role as an advocate for the State." Id. (quotation marks omitted); accord Rowe v. City of Fort Lauderdale, 279 F.3d 1271, 1279-80 (11th Cir.2002) (holding prosecutor who proffered perjured testimony and fabricated exhibits at trial is entitled to absolute immunity, but a prosecutor who participated in the search of a suspect's apartment is entitled to only qualified immunity).
If a prosecutor functions in a capacity unrelated to his role as an advocate for the state, he is not protected by absolute immunity but enjoys only qualified immunity. Kalina, 522 U.S. at 121, 118 S.Ct. at 505 (concluding prosecutor was acting as a witness in personally attesting to truth of averments in a "Certification for Determination of Probable Cause" for an arrest warrant and was not absolutely immune for that witness act, but that prosecutor was absolutely immune for preparing and filing an "information charging respondent with burglary and a motion for an arrest warrant).
If a prosecutor functions in a capacity unrelated to his role as an advocate for the state, he is not protected by absolute immunity but enjoys only qualified immunity. Kalina, 522 U.S. at 121, 118 S.Ct. at 505 (concluding prosecutor was acting as a witness in personally attesting to truth of averments in a "Certification for Determination of Probable Cause" for an arrest warrant and was not absolutely immune for that witness act, but that prosecutor was absolutely immune for preparing and filing an "information charging respondent with burglary and a motion for an arrest warrant).
Last edited by TWA884; Jan 19, 2011 at 4:35 pm
#1218
Join Date: Dec 2004
Location: Southern California
Posts: 898
Nifong was removed from office and disbarred due to professional misconduct and ethical violations and was criminally prosecuted for criminal contempt; however, like every other prosecutor in the United States he has absolute immunity from tort liability for monetary damages for malicious prosecution.
To my knowledge, the suit has not been dismissed. In fact, Nifong filed for bankruptcy because of it.
#1219
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist
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I believe he was sued by his victims for damages. The suit alleges that Nifong "engineered a conspiracy to frame the players". Granted, it is a stronger allegation than malicious prosecution, but it shows that there is a way around prosecutorial immunity.
To my knowledge, the suit has not been dismissed. In fact, Nifong filed for bankruptcy because of it.
To my knowledge, the suit has not been dismissed. In fact, Nifong filed for bankruptcy because of it.
Those are controlling precedents. Cases pending in trial courts in other states have no precedential value and are not citable authorities.
#1221
Join Date: Apr 2006
Location: New York City/NY22
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Posts: 5,285
Nifong was removed from office and disbarred due to professional misconduct and ethical violations and was criminally prosecuted for criminal contempt; however, like every other prosecutor in the United States he has absolute immunity from tort liability for monetary damages for malicious prosecution.
The latest case from SCOTUS upholding absolute prosecutorial immunity is Van de Kamp v. Goldstein (2009), a 9-0 decision.
That was followed by the 11th Circuit, in Rehberg v. Paulk, in July 2010 which held that:
The latest case from SCOTUS upholding absolute prosecutorial immunity is Van de Kamp v. Goldstein (2009), a 9-0 decision.
That was followed by the 11th Circuit, in Rehberg v. Paulk, in July 2010 which held that:
#1222
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#1223
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Join Date: Mar 2002
Location: An NPR mind living in a Fox News world
Posts: 14,165
Phil, I know you didn't start out to be an American hero, but, that may well turn out to be the case. I'm a guy of faith, so I have no problem declaring that my prayers are with you tomorrow for the wisdom of your attorneys and the judge. There's a lot at stake.
#1224
Join Date: Oct 2010
Posts: 449
Found this article: "Phil Mocek: On Trial For Being TSA Checkpoint Worker's Worst Nightmare." http://blogs.seattleweekly.com/daily...oint_trial.php
Good luck tomorrow, Phil!
Good luck tomorrow, Phil!
#1225
Join Date: Dec 2010
Posts: 855
Forget about suing anybody. Everyone is either indemnified or has sovereign immunity. Everyone will claim -- perhaps honestly -- to have acted in good faith. And the threat of a lawsuit will make everybody dig their heels in even deeper than they already are. This is not helpful to Phil.
An acquittal by the jury would be great, but dropping the charges is just as good. No precedents are going to be set either way. Let's just worry about Phil and not try to make this case into more than it is.
Bruce
An acquittal by the jury would be great, but dropping the charges is just as good. No precedents are going to be set either way. Let's just worry about Phil and not try to make this case into more than it is.
Bruce
Well it's too late in life for me to adopt the latest styles, so I've been praying for Phil, his lawyers, the court and even the prosecution.
I pray Phil is not harmed, and that wisdom and mercy prevail.
Best of luck tomorrow folks.
#1226
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Join Date: Mar 2002
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Me, too. If the One above all can perform a miracle in Tuscon, we can surely depend upon Him with Phil in NM.
#1227
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#1228
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Ironically, two very stern-looking TSA sentries, one male and one female, decided to "randomly" check IDs at the gate for my flight from LGA to DEN (where I am now). I was the first to board the flight and just scooted past them uneventfully. The irony of having to show ID in the most unnecessary of circumstances on my way to Phil's trial would have been almost too much to bear!
Unfortunately, due to a flight delay and need to reroute, I'll be arriving in ABQ at 11:04, which is pretty late, especially with the 2-hour time change. But I'll be at the courthouse tomorrow morning at 9. No electronic devices are permitted in the courtroom, so there will be no instant reports, unfortunately.
Bruce
Unfortunately, due to a flight delay and need to reroute, I'll be arriving in ABQ at 11:04, which is pretty late, especially with the 2-hour time change. But I'll be at the courthouse tomorrow morning at 9. No electronic devices are permitted in the courtroom, so there will be no instant reports, unfortunately.
Bruce
#1229
Join Date: Jan 2011
Posts: 331
It would be interesting to hear her response. I don't think she did herself any favors by posting on either site but it may very well work to the defense's advantage.
Last edited by Kiwi Flyer; Jan 20, 2011 at 3:24 am Reason: merge consecutive posts
#1230
Join Date: Mar 2008
Location: Austin (TX)
Posts: 308
There is a remote possibility it was strategic to allow for another Motion to Dismiss, thereby allowing the judge to toss the charges due to the inability to secure a fair trial in the jurisdiction.
Yes, I have known prosecutors to occasionally do what seemed to be openly stupid things to get rid of a hot potato that they could not make their own motion to dismiss on...does not happen often, but it HAS happened.