Michaels v. McGrath

Background

Margaret Michaels, a teacher’s aide in a New Jersey nursery school, faced accusations after a four-year-old made a statement to a nurse. A physician found no evidence, but prosecutors and investigators questioned almost all children who had contact with her. Using peer pressure, threats, and leading or suggestive questions, they elicited stories that ranged from minor touching to bizarre allegations. After a nine-month trial she was convicted on 115 counts and sentenced to 47 years. Five years later a state appellate court reversed the conviction because the interviews were coercive, and the New Jersey Supreme Court affirmed that the questioning was highly improper.

Reasoning

Michaels sued the investigators and prosecutors under 42 U.S.C. §1983, a federal law that lets people sue officials for violations of their rights. The District Court dismissed her case, and the Third Circuit affirmed. The Third Circuit held that the coercion violated only the children’s rights, not Michaels’s own rights, and that presenting the challenged testimony is covered by absolute prosecutorial immunity. The court relied on immunity precedent and followed a view similar to the Seventh Circuit, while other circuits have allowed such suits in some circumstances.

Real world impact

Because the Supreme Court declined to review the case, the Third Circuit’s ruling stands for now. That outcome leaves people who say they were harmed by investigators’ or prosecutors’ evidence-gathering with limited federal options. The decision, as left in place, shields certain officials from civil suits over investigative misconduct, unless a later court reaches a different conclusion.

Dissents or concurrances

Justice Thomas dissented from the decision not to review. He said there is a conflict among federal appeals courts and would have granted review to resolve whether misconduct in gathering evidence can support a §1983 claim.