While other states have caps of more than a million dollars, and many have no cap at all, several states impose onerous eligibility requirements. In some jurisdictions, if the person lacks the support of the prosecuting attorney who wrongly convicted him, compensation will be denied.
At the time Walter was set free, Alabama was not among the handful of states that provided aid to innocent people released from prison. The Alabama legislature could pass a special bill granting compensation to a person wrongly convicted, but that almost never happened. A local legislator introduced a bill seeking compensation on Walter’s behalf that prompted the local press to report that Walter was seeking $9 million. The proposed legislation, of which Walter had no prior knowledge, went nowhere. But the news coverage about the possible $9 million payoff outraged people in Monroeville who still questioned his innocence and titillated some of Walter’s friends and family, a few of whom started soliciting him aggressively for financial help. One woman even filed a paternity suit falsely claiming that Walter was the father of her child, a child that was born less than eight months after Walter’s release. DNA tests confirmed that he was not the father.
Walter at times expressed frustration that people didn’t believe him when he told them he had received nothing. We pressed ahead in our efforts to get compensation for him through a lawsuit, but there were obstacles. Our civil suit ran up against laws that give police, prosecutors, and judges special immunity from civil liability in criminal justice matters. While Chapman and the state officers connected with the case now readily acknowledged Walter’s innocence, they were unwilling to accept any responsibility for his wrongful prosecution and death sentence. Sheriff Tate, who seemed most active in Walter’s wrongful pretrial placement on death row and whose racist threats and intimidation tactics seemed the most actionable in a civil suit, reportedly accepted Walter’s innocence upon his release but then started telling people that he still believed Walter was guilty.
Rob McDuff, an old friend of mine from Jackson, Mississippi, agreed to join our team for the civil litigation. Rob is a white native Mississippian whose Southern charm and manner enhanced his outstanding litigation skills in Alabama courts. He had recently asked me to help him with an Alabama civil rights case involving law enforcement misconduct. That case involved a police raid on a nightclub in Chambers County during which black residents had been illegally detained, mistreated, and abused by local authorities who refused to accept any responsibility for their misconduct. We ended up taking the case all the way to the U.S. Supreme Court, and we ultimately won a favorable ruling.
Walter’s civil case would also go to the U.S. Supreme Court. We sued almost a dozen state and local officials and agencies. As expected, the defendants all claimed immunity for the conduct that had resulted in Walter’s wrongful conviction. The immunity from civil liability given to prosecutors and judges is even greater than the protections provided to law enforcement officers. So even though it was clear that Ted Pearson, the prosecutor who had tried the case against Walter, had illegally withheld evidence that directly resulted in Walter’s wrongful conviction, we would likely not succeed in a civil action against him. As he was the person most in charge of Walter’s wrongful prosecution and conviction, it was hard to reconcile his immunity with his culpability in the whole affair, but there was little we could do. State and federal courts have persistently insulated prosecutors from accountability for egregious misconduct that results in innocent people being sent to death row.
In 2011, the U.S. Supreme Court again reinforced the protections that shield prosecutors from accountability. A month before an inmate named John Thompson was scheduled to be executed in Louisiana, a crime lab report was uncovered that contradicted the State’s case against him for a robbery-murder that had taken place fourteen years earlier. State courts overturned his conviction and death sentence, and he was subsequently acquitted of all charges and released. He filed a civil suit, and a New Orleans jury awarded Thompson $14 million. The jury found that the district attorney, Harry Connick Sr., had illegally suppressed evidence of Thompson’s innocence and had allowed him to spend fourteen years in prison for a crime he had not committed. Connick appealed the judgment, and the U.S. Supreme Court overturned the award in a bitterly divided 5–4 decision. As a result of immunity law, the Court held that a prosecutor