In the era of weapons of mass destruction, torture may sometimes be the only means of averting the death of thousands, even millions, of Americans

In the era of weapons of mass destruction, torture may sometimes be the only means of averting the death of thousands, even millions, of Americans.

In Buckley v. Fitzsimmons, the plaintiff complained he had been tried and convicted based upon coerced statements of his co-defendants Cruz and Hernandez, and that the use of their coerced statements against him were actionable wrongs. On remand from the Supreme Court, the Seventh Circuit addressed the Supreme Court's holding in Buckley, supra, 509 U.S. 271. In Buckley v. Fitzsimmons, 20 F.3d 789, 794 (7th Cir. 1994), the Seventh Circuit undertook to "resolve as much of it as we can", including qualified immunity and other defenses. To Buckley's contentions, the Seventh Circuit held he had no case. He had no right to enforce as to any coerced confessions by his co-defendants; his rights were not violated by the co-defendants being coerced. It further held any violations of Buckley's enforceable rights by use of a co-defendant's coerced confession at trial were barred by the absolute prosecutorial immunity since the use would take place at or regarding trial. Id., 20 F.3d at 794-795. Indeed, the Seventh Circuit held that "...the only way Buckley can establish a violation of the Constitution is to plead himself out of court. Prosecutors are entitled to absolute immunity for actions as advocates before the grand jury and at trial even if they present unreliable or wholly fictitious proofs. 509 U.S. at 267n.3, 113 S.Ct. at 2612 n.3 (approving, or at least not disturbing, our prior holding to that effect)." Buckley, 20 F.3d at 794-795 (emphasis added).