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Feds supports immunity for prosecutors who fabricate evidence like Attorney General Lisa Madigan

A suit in Cook County is proceeding in federal court that is dependent upon a pending decision in an analogous case in the United States Supreme Court. Before the U.S. Supreme Court a host of prosecutors at all levels of government are supporting absolute prosecutorial immunity against civil suits (torts) for any actions, including egregious misconduct and falsification of evidence against the accused.

A pending civil rights case, arising from a Cook County Circuit Court case in Illinois, is proceeding in the U. S. District Court in Chicago which alleges Illinois Attorney General Lisa Madigan fraudulently prosecuted physicians and psychologists for Medicaid vendor fraud. The suit alleges AG Madigan's staff, with her approval, gave false information to the grand jury to bring an indictment, withheld evidence of innocence from the defendants, violated the federal Medicaid Act by charging defendants with acts that were not crimes under federal law and which were encouraged by the federal Medicaid code - considered a constitutional supremacy clause violation invalidating the charges, and acted illegally outside of her legal authority in bringing these phony charges. Dr. Shelton is seeking millions of dollars in damages.

The alleged net effect of such fraudulent charges is that AG Madigan has fraudulently claimed she is "tough on fraud" in order to enhance her re-election chances. This would be a violation of her oath of office and could be used to impeach her. This also allegedly has been used by the State to save dollars by denying mental health care to persons on Medicaid, in an illegal scheme which violates federal law and prevents  proper care of drug addicts, juvenile delinquents, and the mentally ill, some of whom turn to crime such as stealing food.

It also claims that Circuit Court of Cook County Judges Kathleen Pantle and Jorge Alonso intentionally ignored federal law in permitting the case to proceed over five years, in violation of Dr. Shelton's due process rights when they should have dismissed the case for lack of jurisdiction. State police officers in the Illinois Medicaid Fraud Control Unit are also named as defendants for acts of supplying fraudulent information to the grand jury, considered prosecutorial misconduct. The issue involves alleged fabrication of a case against Dr. Shelton in violation of law.

Dr. Linda Shelton, one of several medical directors of the psychiatry/psychology group practice Right Frame of Mind & Associates allegedly was fraudulently charged with violating the Illinois Medicaid Code by sending bills to Medicaid for services provided by employees of the group under her name, who treated patients as part of a team of psychologists and psychiatric therapists, as well as was fraudulently charged with billing for services of patients that were never seen. The federal Medicaid Code specifically allows physicians to bill for services of their employees as if the services were done by the physician. Illinois AG Madigan claimed that billing Medicaid for services of non-physicians, even if licensed psychologists or therapist constitutes felony fraud.

Dr. Shelton was found not guilty by a jury on February 24, 2009 after defense attorney J. Nicolas Albukerk proved to the jury that her Medicaid number was stolen and illegally used by Itadel Shalabi and Nareman Tahi, co-owners of the group practice, and Louise Moore, the contracted billing agent, the year prior to when Dr. Shelton began working for the group practice in 2001. Dr. Shelton, a disabled  physician, had delayed her starting date due to a catastrophic congenital illness that was crushing her spinal cord and required major neurosurgery and a long recovery period.

One of the main issues in this case, the immunity to suit of prosecutors who fabricate evidence or conspire to present false evidence to the jury prior to trial, is presently before the United States Supreme Court in a case where a prosecutor in Iowa was found to have fabricated evidence before trial in order to convict two African-American teenagers of a murder of a white man. The prosecutors made up a story and had a "witness" memorize it in order to convict the teens who spent 25 years in prison before being freed due to actual innocence.

The Court will decide during this term if prosecutors who fabricate a case prior to trial can be held legally liable in a civil rights suit. Famed defense attorney Gerry Spence is representing the teens.  U.S. Solicitor Elena Kagan, recently appointed to represent the Obama administration position in court, VP Biden's son, Attorney General of Delaware, and Cook County States Attorney Anita Alvarez have written amicus briefs supporting the prosecutor's position that even their egregious conduct that is barred by the Bill of Rights should not be subject to a civil suit, as they are claiming absolute prosecutorial immunity. The prosecutors in the McGhee case have never been disciplined or disbarred by the state attorney disciplinary board, nor subjected to criminal charges by the states attorney in Iowa or the U.S. Attorney General. They are now  practicing attorneys with licenses in good standing.

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