Sixth Circuit Rules Charles Jackson Cannot Sue Prosecutor
Sixth Circuit Rules Prosecutor is Entitled to Qualified Immunity in Exoneree’s Lawsuit
In a recent ruling by the Sixth Circuit FG+G client Charles Jackson was denied the opportunity to pursue charges against Cuyahoga County assistant prosecutor Barbara Rhodes Marburger who allegedly redacted exculpatory evidence from his investigative file. The redactions delayed Jackson's eventual exoneration by about nine months, with the City of Cleveland finally responding to a separate request from the Ohio Innocence Project for an unredacted file. The contents of the file included significant exculpatory evidence, but the court determined Marburger was entitled to qualified immunity, as she was operating under a precedent shielding the release of certain investigative records until all proceedings, including post-conviction, had been concluded. FG+G attorney Caroline Hyatt confirmed that Jackson will continue to pursue a claim against Cuyahoga County for the policies, practices, and customs that caused Marburger's concealment of exculpatory evidence.