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Teacher acquitted of CSC involving student cannot sue prosecutor

Nicole Howell was charged criminally for allegedly having sexual relations with a high school student.  She was acquitted and subsequently sued the Prosecutor under 42 USC 1983, arguing that he had denied her civil rights by pursuing the unjustified claim.  While admitting that the prosecutor enjoyed immunity for prosecutorial decisions, she argued that he was not immune from the decisions he made in investigating the student's claim.  In particular, she argued that the prosecutor had agreed not to pursue a claim if she passed a polygraph, but then reneged on the promise.  The Court held that the prosecutor was immune from liability for his decision-making under the doctrine of prosecutorial discretion.

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