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Prosecutor Immunity in Pottawattamie County:  In today's Thursday Round-up, SCOTUSblog's Anna Christensen has posted a link to the ABA Journal's coverage of Pottawattamie County v. McGhee (08-1065).  In this month's ABA Journal, John Gibeaut describes the case, which could determine the extent to which prosecutors are liable under 42 USC ยง1983.  The case involves the murder of former Iowa police Captain John Schweer in 1977.  He was found, killed by a 12-gauge shotgun wound to the chest, near a car dealership where he worked as a night security guard.  The accused, Curtis W. McGhee Jr. and Terry J. Harrington, claim that during the investigation local prosecutors conspired with police officers to frame them, and then relied on the same evidence to convict them of first-degree murder.  Local prosecutors, however, maintain that using the challenged evidence at trial immunizes them from a lawsuit, even though they helped police develop the evidence.  The Eighth Circuit held that prosecutors could be civilly liable for falsifying evidence used at trial.  The Supreme Court will hear arguments on November 4th, and may give clues as to whether it agrees. 

No Surprise, "Judges Reject California Plan to Cut Prison Crowding":
  CrimProf Blog and How Appealing both provide links to an L.A. Times article describing the three Judge panel's rejection of the Schwarzenegger's approved plan to cut prison crowding.  Michael Rothfeld reports for the Times that the panel is now threatening to impose their own plan within three weeks.  The panel had ordered the administration to devise a plan would cut the number of state prisoners by 40,000 within two years.  The plan submitted by the Governor would have cut the prison population by about 18,000 after two years, less than half of what had been ordered.  The state has three weeks to comply with the court's order.  Spokeswoman for the Governor, Rachel Arrezola, said the state would respond by its November 12 deadline. She said the administration is continuing to appeal to the U.S. Supreme Court the judges' "arbitrary" reduction order.  Howard Basham's How Appealing post links to coverage from other sources. 

DOJ Goes After Gangs - More on La Familia, and Fraudulent Billing:  To follow-up on today's News Scan, read Mike Scarcella's Blog of the Legal Times post on the Justice Department's strike against one of the "newest" Mexican drug cartels. Scarcella writes that today, Attorney General Eric Holder, Jr. announced that federal authorities have seized more than $32 million during the 44-month investigation of the cartel, which has been operating since 2006.  According to Scarcella, the DOJ arrested more than 300 members of the cartel, and yesterday charges were unsealed in state and federal courts in California, Massachusetts, New York, Texas, Tennessee, Missouri, Georgia and Minnesota.  Mike Scarcella also covered yesterday's charges against members of Los Angeles' Lil Brook street gang for a fraudulent health care billing scheme.    

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