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DA can’t be sued for alleged conspiracy to protect rapist, 5th Circuit says; did Kozinski brief change a vote?

October 8, 2021 · By ABA Journal

Our Analysis:

Priscilla Lefebure sued District Attorney Samuel D’Aquilla of Louisiana’s 20th judicial district for not bringing a case against a man who she alleges raped her. The 5th Circuit U.S. Court of Appeals accepted Lefebure’s allegations as true when writing its opinion, but still held that she lacked standing to sue D’Aquilla because she herself was not facing prosecution. Specifically, the court said, “victims do not have standing based on whether other people—including their perpetrators—are investigated or prosecuted.” This is especially concerning because the alleged perpetrator is an assistant warden at the local prison and has vast connections to the district attorney. The alleged perpetrator might have used those connections to prevent the filing of charges and hired a relative of D’Aquilla’s to serve as legal counsel. This case highlights how prosecutor discretion can be abused to the detriment of victims as well as defendants and how difficult it is to quickly address the situation.

Read the Original Article by ABA Journal
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