Thread by @pjaicomo

🧵Holy smokes! Conservative 5th Cir. Judge Ho, writes dubitante* in Wearry v. Foster to criticize #QualifiedImmunity, #ProsecutorialImmunity, and #Monell. In Wearry, a prosecutor fabricated evidence to put Foster on death row.

1/4

ca5.uscourts.gov/opinions/pub/2…

Judge Ho illustrates the immunity shell game that frequently kills meritorious civil rights claims. And he rightly explains that #ProsecutorialImmunity has no legitimate basis in American law. 2/4

Ho correctly places the problems of #ProsecutorialImmunity, #QualifiedImmunity, and #Monell at the Supreme Court's feet. Those are judicially created, legally unjustified doctrines. The Courts, not Congress, should therefore be the first place for recourse. 3/4

*Judge Ho writes his opinion "dubitante" because he believes SCOTUS and 5th Circuit precedent demand the prosecutor receive immunity. But he thinks those precedents are wrong: 4/4

h/t My @IJ colleague, @ShortCircuit_IJ master, and opinion-finder extraordinaire, @Johnkennethross.

@IJ @ShortCircuit_IJ @Johnkennethross Also, it may interest some of you to know that Judge Ho wrote another excellent anti-#QualifiedImmunity opinion 6 months ago in Villarreal v. Laredo, lambasting police for arresting a journalist and obviously violating the Constitution in doing so:

https://twitter.com/pjaicomo/status/1455552871416713219

John is right. Monell is #MunicipalImmunity.

https://twitter.com/Johnkennethross/status/1521954762740183040