-1

The Assistant District Attorney (ADA) filed a false criminal complaint by referring to someone else's crime and representing it as mine to the courts in Wisconsin. Can I sue the ADA for that conduct?

ohwilleke
  • 257,510
  • 16
  • 506
  • 896
Dennis
  • 1
  • 1

1 Answers1

2

Can I sue the ADA for that conduct?

No.

A prosecutor has absolute immunity from civil liability for their litigation misconduct like filing a criminal complaint (a prosecutor has only qualified immunity for pre-criminal complaint criminal investigations conduct). This means you can't sue the ADA.

You could grieve the ADA with the attorney regulatory agency in WI which could result in the a public reprimand, a temporary suspension of the ADA's law license, or disbarment in a rare and serious case. None of these remedies would personally benefit you.

ohwilleke
  • 257,510
  • 16
  • 506
  • 896