A Section 1983 Action (in Theory, of Course)
March 30, 2005
The Blake jurors are upset about Steve Cooley's remarks:
Jurors who acquitted actor Robert Blake of murder demanded an apology from District Attorney Steve Cooley who called their decision "incredibly stupid."
"I'm just disgusted," Blake jury foreman Thomas Nicholson said Thursday. "It appears to me he has no faith in the jury selection. After all, it was his people who helped choose us."
Let's see....
Did Cooley retaliate against the jurors for engaging in protected speech and for voting, as they are constitutionally-entitled to, as a juror. (Recognizing, of course, that Cooley's speech might be protected - but see Pickering - and thus provide a defense to liability). And if so, assuming a juror would less likely exercise his constitutional right to serve on a jury (or to speak out on matters of public concern), would Mr. Cooley be liable under 1983? Prosecutorial immunity would not apply, as speaking out at a post-verdict press conference is not a prosecutorial function.
Thoughts?