Contact: Jana Kooren, 651.645.4097 x123, 651.485.5925 c, jkooren@aclu-mn.org
St. Paul, Minn. - The Minnesota Supreme Court issued a decision in the case, Stresemann d/b/a Affiliated Counseling Center, LLC v. Jesson et al, agreeing with the American Civil Liberties Union of Minnesota's position that prosecutorial immunity should be limited. This case dealt with extending prosecutorial immunity to non-prosecutors who are involved in the investigation stage of a case. The ACLU-MN argued in their brief that during the investigation stage of a case no one should have absolute immunity from monetary damages for their misconduct.
In their decision the Minnesota Supreme Court stated "Prosecutorial immunity does not extend to an investigator whose conduct is not intimately involved with the initiation and maintenance of criminal charges." The Minnesota Court of Appeals had previously granted immunity to Stresemann so their decision was reversed and remanded to decide on other fact issues of the case.
"This is a good decision that ensures individuals, whose rights were violated by a prosecutor or an investigator, are better protected under the law," stated Charles Samuelson, Executive Director of the ACLU-MN.
Cooperating attorneys in the case are: Richard Landon of Gray, Plant, Mooty, Mooty and Bennett, P.A. and Teresa Nelson of the ACLU-MN.