I agree too:

By all appearances, we need more remedies for illegal conduct by officials. And if damages are inappropriate, Congress can always legislate an appropriate scheme.

I’ve always found it absurd that the only penalty for illegally procured evidence or prosecutorial misconduct was to throw out the evidence. Of course, it’s not always practical to get damages, but perhaps if North Carolina had to pay damages for what Nifong did, they’d be a little more careful about how they hire prosecutors. And the notion of electing them seems (again, from the same case) problematic…