DRI - The Voice of the Defense Bar Urges the Supreme Court to Clarify Rights of Defendants to Sue Police Officers and Other Government Employers
Circuit Courts Split on Malicious Prosecution Cases - DRI Amicus Brief Seeks Further Interpretation of Rulings Involving Legitimate Enforcement Activities
CHICAGO, Jan. 15 /PRNewswire/ -- DRI - The Voice of the Defense Bar, the nation's largest organization of civil defense attorneys, has filed an amicus brief in a case involving the constitutional right of criminal defendants to sue police officers and other government employers for malicious prosecution.
The Supreme Court of the United States is now considering whether to hear that case, DeReyes v. Williams, which has rekindled debate over the legal and Constitutional issues involved.
DRI's amicus curiae brief urges the Supreme Court to hear the DeReyes case and thereby clarify the scope of protections granted under the Fourth Amendment of the Constitution, and whether those protections extend beyond searches and seizures. Such clarification is needed because the Circuit Courts are split on the issue.
DRI is asking the Supreme Court to support the Fourth, Fifth and Seventh Circuits, which hold that the Fourth Amendment prohibition against unreasonable searches and seizures does not apply to post-arrest conduct by police or other governmental employees during prosecutions and trials.
On the other side, the Tenth Circuit has ruled that the prohibitions do apply. If the Tenth Circuit ruling prevails, individuals will be better able to bring causes of action under Section 1983 for violations of constitutionally protected rights -- raising the concern that such expanded malicious prosecution claims could discourage necessary and legitimate enforcement actions.
"Our position is that needed remedies to the evils of malicious prosecution ought not to be pursued with loosely interpreted Constitutional prerogatives that will inevitably impose untenable burdens on the criminal justice system," said Marc E. Williams, President of DRI - The Voice of the Defense Bar.
"There is a fine balance that has to be maintained. We hope the Supreme Court will see fit to provide the guidance necessary to achieving it," added Mr. Williams.
DeReyes v. Williams involves two New Mexico police officers sued for alleged constitutional violations by two criminal defendants, who claim they were coerced into making incriminatory statements. The defendants were charged with execution-style murders. At trial, both contended that the officers had violated their Fourth Amendment rights by using unlawfully procured statements to arrest, charge, and prosecute them.
The Supreme Court will consider hearing DeReyes v. Williams on February 27, 2009 and release a decision at a later date.
ABOUT DRI
DRI - The Voice of the Defense Bar is the international organization of attorneys defending the interests of business and individuals in civil litigation. DRI provides numerous educational and informational resources to members and offers many opportunities for liaison among defense trial lawyers, Corporate America, and state and local legal defense organizations. DRI also has an international presence, seeking to enhance understanding of the law among members of the defense community who have reason to be concerned with the expanding globalization of litigation defense. The organization can be reached at www.dri.org.
