How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110449
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Ive got a civil rights case in Pa. W. district court against

This answer was rated:

I've got a civil rights case in Pa. W. district court against a district attorney, police, and private citizen.
The judge sat on ruling on motions to dismiss for a year until I had to file a writ of mandamus, and then he ruled....throwing the cop under the bus.

I then obtained an attorney.

The judge then ruled against adding parties (the county and other police officers) because it had been just over two years, which was solely the judge's fault for sitting on the case.

Now it's been almost 6 months and the judge still has not ruled on summary judgment motions.

I'm feeling that the fix is in......the district attorney was caught red handed ordering a police dept. to execute illegal conduct, and the judge therefore does'nt want this to go anywhere. In other words, if total immunity exists for the district attorney, then those he ordered to break laws are also immune.

My attorney says his hands are tied until ruling is in on summary judgment. Our initial plan was to file an interlocutory appeal.

Have you ever heard of a judge indefinately sitting on a case?

Thank you for your question. I look forward to working with you to provide you the information you are seeking.

It is unusual for a federal district court judge to do this, it is something we more commonly see in state courts. Your attorney is right that you have to wait on the summary judgment and a mandamus is likely going to have to be filed again to get a ruling as you are right, this judge does not want to rule and say that because the DA has statutory immunity anyone he tells to break the law would have that immunity extended to them, that is an absurd ruling, since nobody can give permission to violate the law or give an illegal order to someone.

Thank you so much for using I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq. and 6 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

When I get a few minutes, I'm going to ask your opinion as to whether immunity truly exhists for district attorney's in Pa. approving search warrants (investigative function).

I will send you my opposition motion to dismiss.


Cameron Kitko

Kitko vs Young

Thank you for your response.

The DA does have "statutory immunity" IN THE COURSE AND SCOPE OF PERFORMING HIS DUTY AS DA. This last phrase is the key. It is not the course and scope of his duty as DA to break the law and thus the absolute statutory immunity cannot extend to him or the police. What if the DA told you to go out and shoot the judge, would you be absolved because the DA had immunity and told you to do it? Hardly and the DA and police cannot hide behind immunity to violate the law intentionally.

Related Legal Questions