Legal Question in Civil Litigation in Minnesota

Hi, I am writing to you on the behalf of my fianc�. Here is the back story before I ask you my question. My fianc� is trying to lower his child support, but during a hearing the prosecuting attorney stated a false fact to the judge. My fianc� was laid off, along with several others, this past January for about a month and a half. He did get a job at another company at the beginning of March. He, unfortunately, is not making as much and has full custody of his other child, which he does not receive child support for or assistance from the county. Now, back when he was at the initial hearing to lower his child support, the prosecuting attorney was asking him why he did not have the money to pay the back child support. The prosecuting attorney also stated on the record to the judge that my fianc� walked off of his job and was not laid off. The prosecuting attorney did not have any proof and the judge told my fianc� to call his previous employer and get a statement from them. My fianc� got a statement from the temp agency that he actually worked through, which the prosecuting attorney did not contact and the company that he worked at. Here is the real question; my fianc� feels wronged by the prosecuting attorney and also the case worker that backed up the prosecuting attorney's story. His current lawyer will not go after the prosecuting attorney, but my fianc� feels he has a case for defamation of character and perjury. Does he have a case? Have you heard of prosecuting attorney's lying in court during a child support hearing? I also wanted to add that my fiance was made to feel like he was going to be arrested from the false claims that the prosecuting attorney made to the judge. Any information would be appreciated. I feel that my fianc� will not be able to get an attorney to go after the prosecuting attorney who is in the same city.


Asked on 4/05/12, 5:31 pm

1 Answer from Attorneys
Nathan Hansen Nathan M. Hansen, Attorney at Law

In my experience, prosecutors can say or do anything and have complete immunity. The US Supreme Court recently came down with a decision expanding prosecutorial immunity. It would be fruitless to go after the prosecutor, as the government will defend them and they are immune.

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Answered on 4/06/12, 9:15 am


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