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Criminal

Aug. 14, 2001

Pointing Fingers

Prosecutors now can be sued civilly. It widely was believed that criminal defendants couldn't turn around and sue prosecutors who hauled them into court. That never was true, and with the 9th Circuit's recent opinion in Milstein v. Cooley , 2001 WL 817640 (9th Cir. July 20, 2001), it now clearly is open season on prosecutors in what used to be a prosecutor's paradise.

By Stephen Yagman

        Prosecutors now can be sued civilly. It widely was believed that criminal defendants couldn't turn around and sue prosecutors who hauled them into court. That never was true, and with the 9th Circuit's recent opinion in Milstein v. Cooley, 2001 WL 817640 (9th Cir. July 20, 2001), it now clearly is open season on prosecutors in what used to be a prosecutor's paradise. It now is very c...

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