The city of Woodbury, Minn. employs a local law firm on contract to “prosecute certain criminal matters on the City’s behalf.” Lawyers from this firm filed a criminal action against Mr. Sample over an alleged domestic assault even as, at the same time, the firm was representing his alleged victim in civil actions including a restraining order. It “later asked another firm to prosecute the criminal case against Sample [on the grounds] that it had a conflict of interest.” Mr. Sample’s later section 1983 suit alleged that the law firm’s dual role at the time of the filing had violated his constitutional rights; the Eighth Circuit ruled that the prosecutors themselves enjoyed absolute personal immunity, but — such immunity not extending to towns — ordered further consideration of Sample’s claim that the town should be liable for not instituting a conflict-of-interest policy that would have headed off the problem before it happened. [Sample v. City of Woodbury et al.]
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