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High Court to Hear Appeal from Iowa Prosecutors

By Becky Ogann

Story Created: Nov 3, 2009 at 11:05 AM CDT

Story Updated: Nov 3, 2009 at 11:05 AM CDT

COUNCIL BLUFFS (AP) - The U.S. Supreme Court will consider whether Iowa prosecutors can be sued by two men whose convictions in the killing of a retired Council Bluffs police officer were set aside.

Oral arguments are scheduled for Wednesday in an appeal from former Pottawattamie County prosecutors.

They are being sued by Curtis McGhee Jr. and Terry Harrington. They were convicted of first-degree murder and sentenced to life in prison in 1978 for the death of security guard John Schweer.

The men were released from prison after 25 years. They sued former County Attorney Dave Richter and his assistant Joseph Hrvol, claiming they ignored evidence pointing to another suspect.

The prosecutors argued they were immune from lawsuits because they were acting within the scope of their job.

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