Justices Alito, Gorsuch and Thomas dissented. Let’s hope this really does stop the red flag laws.
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Criminal proceedings reach “favorable termination” when they end without conviction - SCOTUSblog
A plaintiff bringing a damages claim under 42 U.S.C. § 1983 for constitutional violations arising in the criminal-justice process “need only show that his prosecution ended without a conviction” and not “with some affirmative indication of innocence,” Justice Brett Kavanaugh wrote for a six-justice
Because of how easy it will make all manners of cases to make this claim and file suit. However, if the court did in fact find that a plaintiff had to show an affirmation of innocence, they'd basically be saying that we are not "assumed innocent " , which would be a problem. This is a tough one, but I have to believe that the power of the police/state is at issue here and something that is recognized as a growing problem. Kyle Rittenhouse case is a great example. The prosecution went after him for political reasons, just as with those two who held guns at the ready to prevent the mob from attacking their home. That crap needs to stop, and so does the police just grabbing people who are in their home and arresting them with zero cause. It happens A LOT, and it's not in line with our constitution.
Exactly. Now if more people could win lawsuits involving wrongful conviction.
In some cases, we read, that the defendant has successfully sued the state for wrongful conviction. They can get some handsome monetary awards, which still aren't enough for their time behind bars and the added stress.
In other cases, the defendant gets nothing, even though they have been exonerated.
The qualified immunity for the prosecutors has to stop. When some scumbag prosecutor withholds exculpatory evidence or coerces a witness to lie they need to answer for it.
Long ago, the SCOTUS ruled that prosecutors have qualified immunity from lawsuits because, if they weren't, then very few people would want the job. Well, welcome to the real world!
IMHO, a prosecutor that, knowingly, withholds exculpatory evidence and/or gets a witness to lie ought to be put behind bars for a very long time and open to a tort action by the defendant.
Not enough witnesses are brought to trial for perjury. The worst example of this is in a divorce courts and custody trials!
We also have the option of simply enforcing current laws and guidelines on prosecutorial misconduct. The legislator per state can easily pass a law stating that the regulatory body for such (I guess The Bar in this case) can be held liable for non action or non enforcement or some such similar language. I would think there's also criminal code on LEO or DA misconduct as it relates to 4th and 2nd amendment rights violations but one of our attorney members will have to clarify what the applicable laws and statutes ect are in that area. I feel sure there are some things on the books now that are just ignored because it's the fox guarding the hen house.
The BAR is a proffessional association, not a regulatory body of the government. Its the equivalent of AMA. Many states do not require you even being a member of the BAR or passing their exam to practice law in the lower courts. The feeral courts however do require it if i recall correct and pretty sure SCOTUS does as well.
If you think the corruption of our judicial system is something new including some LEO's and prosecutors. Watch the old western "Tom Horn" with Steve McQueen. I know it's not necessarily historically accurate, but it illustrates how corruption happens. Pretty good flick BTW.
Oh, and the shady newspaper guy is a right on example of today's MSM.
Oh, and the shady newspaper guy is a right on example of today's MSM.
Correct, and IMHO, the Earps & Doc Holiday, murdered Billy Clanton and the McLaury brothers and gun control was a major issue in that dispute.
garage?, obviously we have major problems, but a new law (not that I'd be against it) wouldn't help if we can't even enforce existing ones.... we have major problems obviously
I am serious. History has been kind to the Earps and Holiday. I'm not saying that the cowboys around Tombstone were angels but the fact was they were leaving town.
You won't find it in too many places but witnesses saw Wyatt Earp pistol whipping one of the McLaury brothers in the street about a half hour before the fateful meeting by Fly's Boarding House. NOTE: the "Gunfight at the OK Corral" sounds better on the 11:00 News than the "Gunfight at Fly's Boarding House."
IIRC, Tom McLaury was on his knees in the street covering his head as Wyatt was striking him with his pistol and shouting; "Are you healed you son-of-a-bitch? Are you healed?"
In those days referring to someone as being "healed" meant that they were armed.
Earp wanted McLaury to pull his revolver so he could be gunned down.
Back to our regularly scheduled program: See the story below. Caserta and Harris have been found not guilty of all charges. So would these two be able to sue after being acquitted? I hope so.
Keep in mind that a couple defendants entered into a plea agreement and testified for the state at trial. Bet they feel silly now. If I were on a Jury, I would be inclined to dismiss the testimony of a jail house snitch. They will say anything to get a lighter sentence.
Gretchen Whitmer Kidnapping trial: two suspects acquitted in kidnapping conspiracy
Two of four men charged with planning to kidnap Michigan Governor Gretchen Whitmer have been acquitted on all charges while verdicts could not be reached on the other two suspects.
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