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'Sexting' Former DA: Not My Fault Those Sexts Offended People


Jim Collar of the Appleton Post-Crescent reports:

Kratz's answer claims absolute immunity and qualified immunity, which is a legal doctrine that shields government officials from being sued for a violation of a person's constitutional rights. That immunity is available when conduct doesn't clearly violate rights a reasonable person would have known about.

The full response can be read here, in .pdf form.

Kratz previously admitted to sending the texts, though he argued that he "made it clear that any personal friendship that would develop would be after the prosecution was concluded. The messages were concluded by reminding the young women that it was her decision whether any future friendship would develop. No personal contact ever occurred with the woman other than one professional meeting."

In December, the Wisconsin DOJ declined to provide representation for Kratz. Chief Legal Counsel Susan Crawford argued that the state does not believe Kratz was "acting within the scope of his employment when he committed the acts which are the subject of this lawsuit," and therefore the state is not required to provide publicly funded representation.

The state DOJ has also opened a criminal investigation into Kratz.

Full coverage here.