Recent Development by Sophia Juliana Johnson
The District Attorney's Office appealed the judgment to the United States Court of Appeals for the Fifth Circuit, contending that the prosecutorial misconduct was subject to absolute immunity, and that the evidence did not meet the heightened standards for single-incident liability under § 1983. The Fifth Circuit panel affirmed the district court judgment, but the court granted rehearing en banc. Despite detailed briefing, the Fifth Circuit was evenly divided and no majority opinion was reached. By virtue of customary practice, the equally divided en banc United States Court of Appeals for the Fifth Circuit held that the evidence presented before the district court was sufficient to support the jury verdict. Thompson v. Connick, 578 F.3d 293, 295, 311 (5th Cir. 2009), aff'g by an equally divided Court No. Civ. A. 03-2045, slip op. (E.D. La. Nov. 5, 2005), cert. granted in part, denied in part, 78 U.S.L.W. 3302 (U.S. Mar. 22, 2010) (No. 09-571).
About the Author
Sophia Juliana Johnson. J.D. candidate 2010, Tulane University School of Law; B.A. 2003, Smith College.
Citation
84 Tul. L. Rev. 1403 (2010)