Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

Van de Kamp v. Goldstein

  • Decided on January 26, 2009.
  • Background: Goldstein had been convicted of murder, but he was later released because the testimony of a key witness, a jail-house informant, proved to be unreliable. The prosecution allegedly knew about this unreliability. After he was released, Goldstein brought a §1983 claim against the prosecution’s supervisors, claiming that they failed to properly train the prosecutors about their duty to communicate impeachment information.
  • Holding: The court held that the district attorney and chief deputy district attorney were entitled to absolute prosecutorial immunity and remanded with instructions to dismiss Goldstein’s claim.



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