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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92594
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Ive got a civil rights case in Pa. W. district court against

Customer Question

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.

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

Thanks,
Cameron
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
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.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92594
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 4 other Legal Specialists are ready to help you
Customer: replied 1 year 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.


Thanks,


Cameron Kitko


Kitko vs Young

Expert:  Law Educator, Esq. replied 1 year ago.
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.

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Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
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JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law