Q: Are DA investigators (county detectives) immune from civil tort claims for malicious prosecution?
a DA investigator withheld exculpatory evidence and made several false allegations to support probable cause that he knew was untrue to get an arrest warrant signed by judge. To add to that his info came directly from the prosecuting DA in misdemeanor case who victim contacted and made the allegations to. DA filed a motion to revoke bond w/intent to refile as felony. So investigator used what DA claimed and then also stated being contacted by victim the very same day preparing the affidavit and added another allegation along with other false allegations that were never turned over at discovery. the felony case was amended back to misdemeanor and eventually dismissed when DA learned of the exculpatory evidence not mentioned in the affidavit.
A: Unfortunately, under Oklahoma State Law, you can't sue a district attorney or his employees for performing prosecutorial functions. See White v. State ex rel Harris, 2005 OK CIV APP 79 (available online at http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=2005+OK+CIV+APP+79)
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