IL - Former inmate cleared by DNA wins early round in his suit against Lake County auth... - 0 views
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anonymous on 12 Oct 13A man who spent 20 years in prison before being cleared of rape and murder charges by DNA evidence has won an initial battle in his bid to hold Lake County police and prosecutors financially responsible. Ruling on motions to dismiss Juan Rivera's lawsuit, U.S. District Judge Harry Leinenweber let almost every allegation in the suit go forward. The ruling allows Rivera to keep trying to hold prosecutors liable for his ordeal. A successful lawsuit against prosecutors is rare because they enjoy broad legal immunity, experts said. Leinenweber also declined to dismiss a defamation claim, meaning authorities could still be liable for publicly insisting on Rivera's guilt even after DNA indicated he didn't kill 11-year-old Holly Staker in Waukegan in 1992. At issue are quotes from police and a prosecutor reported in the media, including an officer's assertion, reported by The New York Times shortly before Rivera was freed, that he was "guilty as the day is long."