In a 59-page opinion filed yesterday, a Federal Judge is allowing a civil rights case to proceed against Philadelphia’s DA Larry Krasner. In an ironic twist, the Federal Court opined that Plaintiff has sufficiently pleaded facts demonstrating that the reformer DA may be liable for fabricating evidence to bring false charges and a malicious prosecution against one of Philadelphia’s police officers.
Philadelphia, PA — In a decision with far-reaching implications for civil rights and prosecutorial accountability, the United States District Court for the Eastern District of Pennsylvania has denied key motions to dismiss filed by Philadelphia District Attorney Larry Krasner and his co-defendants in a civil rights lawsuit brought by former Police Staff Inspector Joseph Bologna.
In a 59-page opinion issued June 25, 2025, U.S. District Judge Joel H. Slomsky ruled that, based on the detailed allegations in the complaint, Bologna’s claims for malicious prosecution and unconstitutional policies may proceed to the discovery phase of litigation. Most notably, the Court held that Krasner and Assistant District Attorney Tracy Tripp are not entitled to absolute or qualified immunity—an exceptionally rare finding in cases involving public prosecutors.
“This ruling is a major breakthrough,” said George Bochetto, Esq., lead counsel for Inspector Bologna. “It means Larry Krasner will now be compelled to testify under oath about his conduct, and his office must produce internal communications and documents—particularly those showing how and why they targeted a decorated officer for prosecution without probable cause.”
A Rare Ruling with National Consequences
The lawsuit alleges that Krasner, ADA Tripp, and Sgt. Gerald Rocks intentionally obstructed the Philadelphia Police Department’s Internal Affairs investigation and fabricated a prosecution based on false witness statements and deliberately omitted facts. The case arises from Bologna’s 2020 arrest following a brief encounter with a protester during the George Floyd demonstrations—an incident for which he was quickly charged and publicly vilified, despite evidence clearing him of wrongdoing.
Judge Slomsky ruled that the defendants’ conduct, as alleged, constituted investigative rather than prosecutorial activity. As such, it is not protected by the doctrine of absolute immunity typically afforded to prosecutors. The Court also rejected claims of qualified immunity, finding that the complaint plausibly alleges that the defendants violated clearly established constitutional rights.
Further, the Court denied the City of Philadelphia’s motion to dismiss Bologna’s Monell claim, allowing discovery into whether DA Krasner and the City maintained an unconstitutional policy or custom of targeting police officers for prosecution without probable cause.
Next Phase: Testimony and Evidence
The case, Bologna v. Krasner, et al., Civil Action No. 24-3185, now moves into the discovery phase. For the first time, DA Krasner and other high-level officials will face sworn depositions and must produce internal records and communications related to the prosecution of Joseph Bologna.
“This ruling opens the door to unprecedented transparency and accountability,” said Bochetto. “Krasner has hidden behind the shield of immunity for years while pushing an anti-police agenda. That shield has now cracked—and the truth will come out.”
About Bochetto & Lentz
We can provide a business lawyer in Philadelphia, PA and within other areas. Bochetto & Lentz, P.C. is a leading Philadelphia-based litigation firm known for representing clients in high-stakes civil rights, defamation, and constitutional law matters. B&L Attorneys George Bochetto, David Heim, Bryan Lentz and Kean Maynard are on the case.