Alec Baldwin may sue a New Mexico state prosecutor and the sheriff over their handling of evidence in his “Rust” trial. Baldwin’s lawyers claim that prosecutor Kari Morrissey and the sheriff’s office concealed evidence regarding the source of the live round that killed cinematographer Halyna Hutchins. The involuntary manslaughter charges against Baldwin were dismissed after a judge agreed with Baldwin’s defense. Baldwin’s legal team has sent preservation letters to the prosecutor and sheriff, indicating potential future litigation.
Mr. Baldwin will soon learn that these defendants may. enjoy a whole host of protections, even when they act with malice and in bad faith. Here are the issues that will be raised in any subsequent civil lawsuit:
1. Absolute Immunity: Prosecutors typically have absolute immunity for actions that are intimately associated with the judicial phase of the criminal process, such as initiating and pursuing a criminal prosecution. This means that they cannot be sued for actions like deciding to prosecute, presenting the state’s case, or conduct during court proceedings.
2. Qualified Immunity: For actions outside of their role as advocates, such as investigative or administrative tasks, prosecutors may have qualified immunity. Qualified immunity protects government officials from liability unless they violated clearly established statutory or constitutional rights of which a reasonable person would have known.
3. Civil Rights Claims (42 U.S.C. § 1983): A defendant can potentially bring a lawsuit under Section 1983 of the Civil Rights Act if they can show that the prosecutor violated their constitutional rights. However, due to the immunity doctrines, success in such lawsuits is rare and often hinges on proving that the prosecutor’s actions were outside their protected duties.
4. Prosecutorial Misconduct: Examples of prosecutorial misconduct that might support a civil rights claim include fabricating evidence, coercing witnesses, or suppressing exculpatory evidence (Brady violations). Even then, the defendant must demonstrate that the misconduct led to a violation of their constitutional rights, such as the right to a fair trial.
5. Malicious Prosecution: In some cases, a defendant might pursue a malicious prosecution claim if they can show that the prosecutor acted with malice and without probable cause. However, this too is limited by the immunity protections afforded to prosecutors.
The Tenth Circuit Court of Appeals has settled the law on suing prosecutors:
Blauch v. City of Westminster, Colorado, No. 20-1430 (10th Cir. 2021):
In this case, the Tenth Circuit affirmed the principle that prosecutors are entitled to absolute immunity for actions taken within their judicial capacity, such as initiating and pursuing criminal prosecutions. This immunity protects prosecutors from lawsuits even if their actions are alleged to have been done maliciously or in bad faith.
