Attorney Gets Case Against Circuit Court Judge, County Prosecutor Dismissed
In December, 2014, Jim Acho, a senior attorney in our Livonia office, defended a sitting Circuit Court Judge and her predecessor, a now-retired Circuit Court Judge, as well as the County Prosecutor, in a case brought by a Plaintiff who was found guilty and sentenced on a charge of providing false information to police officers. The Plaintiff alleged his guilty verdict stemmed from his polygraph results in his pre-sentence report being admitted into evidence, thereby violating his Constitutional rights, and that the Prosecutor and Judges had conspired to allow same. The Plaintiff filed one action against the Prosecutor, and later, a second action against the sitting Judge and the retired Judge. The cases were assigned to two federal judges and not consolidated, as Mr. Acho filed immediate 12(b)(6)Motions to Dismiss with both counts, based on prosecutorial immunity and failure to state a claim upon which relief could be granted. Both Judges granted CMDA’s motions and dismissed the Plaintiff’s case with prejudice.