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US judge: Suit against prosecutor can continue

June 4, 2019

NEW ORLEANS (AP) — A federal judge in Louisiana has refused to dismiss a lawsuit accusing a district attorney of coercing a teenager to give fabricated eyewitness testimony in a murder case.

U.S. District Judge Shelly Dick in Baton Rouge rejected arguments that Livingston Parish District Attorney Scott Perrilloux (PEHR’-ih-loo) is legally immune to the claims.

She ruled Monday in a lawsuit filed on behalf of Michael Wearry.

Wearry was convicted and sentenced to death in the 1998 slaying of 16-year-old Eric Walber. That conviction was overturned by the U.S. Supreme Court.

Wearry’s lawsuit alleging coercion of the young witness was filed in May 2018.

Wearry pleaded guilty to manslaughter in December, but his lawsuit for unspecified damages continues.

Dick ruled the suit’s allegations go beyond conduct for which Perrilloux would have immunity.

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