Prosecutor's office entitled to sovereign immunity.

The plaintiffs were arrested by five police officers who were later indicted (three of whom plead guilty) for committing criminal actions while on duty. The plaintiffs' in the civil action (the defendants in the criminal action) plea deals/convictions were vacated due to the alleged criminal activity of the police officers. The district court granted the prosecutor's motion to dismiss, finding that the prosecutor's office was immune from suit when it took over control of a police department pursuant to a directive from the Attorney General, thus, affording the prosecutor's office immunity pursuant to the Eleventh Amendment as an arm of the state.

Case Law Alert - 4th Qtr 2011