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Court Rules Former Prosecutor Can’t Be Sued for Misconduct
By Brian Nutting | February 3, 2010 4:57 pm

A federal appeals court in Michigan today ruled that a former federal prosecutor cannot be sued for misconduct by a man he prosecuted on terrorism charges in 2003, The Associated Press reported.

A federal appeals court reversed a lower court Wednesday and ruled in favor of Richard Convertino, who was an Assistant U.S. Attorney in the Eastern District of Michigan.

Karim Koubriti was seeking millions of dollars from Convertino, claiming his constitutional rights were violated, according to AP.

Koubriti was convicted in 2003 of conspiring to aid terrorists, but the conviction was tossed the following year after the U.S. Justice Department said prosecutors withheld evidence from the defense.

The 6th U.S. Circuit Court of Appeals said Convertino can’t be sued because he had immunity as a prosecutor. Koubriti still has claims pending against an FBI agent.

Convertino’s performance in that 2003 trial was scrutinized by the Justice Department about whether he committed misconduct. Convertino was acquitted in 2007 of conspiring to hide evidence in the case.

Additionally, Convertino is suing the Justice Department to find out who leaked news of the internal investigation to the Detroit Free Press.

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