Fifth Circuit Denies Immunity For Prosecutor and Cop That "Invented A False Narrative"
In 2016, the Supreme Court tossed out the murder conviction of Michael Wearry, who was found guilty of a 1998 murder and sentenced to death in 2002. After that conviction was vacated, Wearry sued Scott Perriloux, a prosecutor, and Marlon Foster, a police officer, alleging that the prosecutor and police officer conspired to intimidate and coach a 10-year-old child into providing false testimony implicating Wearry in the murder.
Prosecutor and police officer: our conduct is protected by absolute prosecutorial immunity.
District court: no immunity.