fbpx

CASE ENTRY

Echols v. Lawton

After seven years’ imprisonment for rape, man is released after tests confirm that his DNA was not on the victim. Chatham County, Ga. DA declines to re-prosecute. Trial court dismisses indictment. And state lawmaker introduces bill to compensate the man $1.6 million for the wrongful conviction. But wait! The DA opposes the bill and (allegedly) falsely states that the man remains under indictment. Bill fails; man sues. Eleventh Circuit: The DA’s defamation absolutely amounted to unconstitutional retaliation. But even so, qualified immunity. Concurrence: “My only comfort with this result is knowing that if another official in this circuit henceforth engages in conduct similar to [the DA’s], he or she will not be entitled to hide behind the doctrine of qualified immunity.”


Tags: 2019, Defamation, Eleventh Circuit, Qualified Immunity, Retaliation, Wrongful Conviction

Sign up to receive IJ's biweekly digital magazine, Liberty & Law along with breaking updates about our fight to protect the rights of all Americans.

JOIN THE FIGHT!