Wednesday, May 15, 2013

Slater v. Clarke (9th Cir. - Nov. 19, 2012)

I'm not sure how the Massachusetts officials who (allegedly) decided not to extradite Daniel Tavares could possibly have made that decision rationally.  Nor could the survivors of the two people who died as a result.

But I'm also not sure how Judge Leighton, from the Western District of Washington, could deny the defendant's immunity motion.  State officials are absolutely immune for these sorts of executive, prosecutorial decisions.  That's clearly the rule.

Fortunately, Judge Christen isn't as confused as the above-mentioned officials.  Reversed.