Wrongful conviction lawsuit dismissed

   A federal district judge has dismissed all claims against Harris County and a former district attorney by a woman who claimed she was wrongfully convicted for possession of cocaine because of a defective field test kit. Judge Ewing Werlein, Jr. held that the county's employees who were involved in the prosecution were "acting in the prosecutorial capacity to enforce state penal law" as agents for the State of Texas and the county cannot be liable for any constitutional violations that may have occurred.  The judge also ruled that any claims against the district attorney are barred by absolute prosecutorial immunity.  The case is Albritton v. City of Houston, et. al. http://www.harriscountytx.gov/cmpdocuments/caoimages/AlbrittonVCityofHoustonOrder.pdf