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[–] 46 points 1 year ago* (last edited 1 year ago) (11 children)

Now sue them for $.

Or politicians need to be forced to vote to remove this immunity BS. We need to push for that and the removal of citizens United.

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  • [–] [S] 28 points 1 year ago (10 children)

    I was just wondering if he could sue for malicious prosecution.

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  • [–] 9 points 1 year ago (5 children)

    He probably can't. Absurd as it may sound, he was actually guilty.

    Here are model jury instructions for the charge, which include:

    There is a forcible assault when one person intentionally strikes another

    It doesn't say that the victim must be struck with something very likely to injure them. Looking at the statute, it turns out that actual physical contact (rather than making a threat without contact) elevates it to a felony - the charge a grand jury previously rejected.

    Of course, prosecutors normally apply common sense to charging decisions and don't prosecute everything that technically qualifies under the strictest reading of a statute.

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  • [–] 10 points 1 year ago (2 children)

    It took 3 grand juries to even be able to bring the case, it was always going to end in acquittal. Sure, it's technically assault, but nobody was going to convict for that.

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  • [–] 7 points 1 year ago (1 child)

    This was charged as a misdemeanor. No grand jury this time.

    I'm on the protestor's side here, but in general, it probably ought to be illegal to throw sandwiches at people. Some jurisdictions have a separate offense of harassment for offensive or even merely nonconsensual intentional physical contact that presents no risk of injury.

    I'd have voted not guilty if I was on that jury, but guilty for the same conduct under different circumstances, such as throwing food at a fast food worker over a customer service issue.

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