Wrongfully convicted man's suit is not late, but can't sue prosecutor
Wendell Crawford overturned his criminal conviction larceny over $50.00 in 2009, after documenting that the decades-old conviction was obtained without due process. He then sued the man who had been the Lapeer County Prosecutor under 42 USC 1983, alleging malicious prosecution and violation of his civil rights. The trial judge ruled that his suit was not timely, but the Court of Appeals reversed that holding, pointing out that the three-year statute of limitations does not begin to run until a criminal conviction is overturned. It upheld the dismissal of the case, however, on the grounds that a prosecutor--as a state official--enjoys complete immunity for actions taken to prosecute a state law violation.
Crawford's similar claim filed against the City of St. Clair and the St. Clair County Prosecutor's office was dismissed for the same reasons on March 29.