I know I'm missing something so I'm turning to the list for help. A criminal defendant who went to trial and was found not guilty has sued, among others, the prosecutor for malicious prosecution. His claim against the prosecutor does not seek damages but only two items: 1) an injunction ordering the prosecutor to undergo training regarding constitutional rights and 2) a declaration that she violated his constitutional rights. Counsel for plaintiff is the state ACLU. They also sued the District Attorney on a failure to supervise claim. The court granted motions to dismiss in favor of the District Attorney and in favor of the prosecutor on the injunctive relief. They did not seek damages against the prosecutor since absolute immunity prevents recovery there. What rational would counsel have for pursuing declaratory relief against the prosecutor?? Henry M Bernstein Assistant Parish Attorney Caddo Parish, Louisiana (318) 226-6947 hbernstein@caddo.org ________________________________ PRIVILEGED & CONFIDENTIAL COMMUNICATION This e-mail message (including any attachments) is proprietary or privileged and intended only for the named recipient(s). It may contain material that is privileged, confidential and exempt from disclosure. No one other than the named recipient(s) may read, copy, rely on, redirect, save or alter all or any part of the message, or any attachments, in any way. If you have received this message in error, please notify us immediately by return message so that we may arrange return of the document(s). ________________________________