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Do you think that you can place your hands up and ask “Why”, prior to proning yourself?How about if a peace officer orders you to turn around and place your hands behind your back, when you know that you haven’t done anything at all; do you think that you have the right to first ask him “Why” or ask the Officer “What’s going on” prior to doing so?
That was the case here: Because the judge’s determination of probable cause was based solely on fabricated evidence, it did not expunge Manuel’s Fourth Amendment claim.They do, however, get elected by claiming that they (as opposed to their opponent) have the support of the police, by lauding police officers as heroes and by taking their side when they commit atrocities upon civilians; unless of course there’s a video refuting the police version of events.What do you do when a police officer walks up to you on the street, and orders you to prone yourself on the ground, and you have no idea what’s going on or why he’s asking any such thing?Any system of crime and punishment, even one well constrained by constitutional safeguards, is only as good as the persons acting in their various roles within that system; both the executive and the judicial branches.If the District Attorney’s Office is a rubber-stamp for the police, the system breaks down; not in the number of prosecutions, but in the sense that justice is much less served. They do this to shift the blame from them to you and to preclude you from being able to successfully sue them from vindicating your constitutional rights and your honor and dignity.
This article shows what you, the victim of an attempted police frame-up, can do to obtain redress for your malicious criminal prosecution, and what obstacles lay in your path to vindication. 409 (1975).) “Common law immunities”, are immunities enjoyed by usually governmental officials from claims or even lawsuits, that were “created” by judicial fiat; by the learned Judges of our state courts and of the federal bench. In reviewing the then existing common law immunity of a public employee for a malicious criminal prosecution, the California Law Review Commission recommended that although individual liability of for public employees be kept, that the public employer be liable for the malicious criminal prosecution by its employee: “7.
Sadly, the law surrounding whether one can sue for a truly malicious criminal prosecution by the police is shameful at best.
Most people who have not experienced or witnessed unjustified police beatings and their accompanying false arrests and bogus criminal prosecutions, believe that the civilian must have done something wrong, or the officer wouldn’t have done them dirty.
The short answer is “No” under California state law, and “Probably” under the present state of federal constitutional law. UNDER CALIFORNIA LAW, EVEN IF YOU CAN PROVE BEYOND ANY DOUBT THAT THE POLICE TRIED TO FRAME YOU, YOU STILL HAVE NO REMEDY UNDER CALIFORNIA STATE LAW. 349 (1978)), and absolute immunity for criminal prosecutors (Imbler v. The word “common law” literally means judge made law, and judges really like creating legal doctrines to insulate themselves, public prosecutors and peace officers from liability for even blatant and admitted constitutional violations by such government officials. 409 (1975) (absolute prosecutorial immunity for filing and prosecuting any criminal action.) The Ninth Circuit cannot simply ignore Imbler because it’s a U. The immunity from liability for malicious prosecution that public employees now enjoy should be continued so that public officials will not be subject to harassment by “crank” suits.
The California Law Review Commission was created by statute in 1953, to assist the Legislature and the Governor by examining California law and recommending needed reforms. Although one 2011 Ninth Circuit Court of Appeals case held that public prosecutors may even be sued for malicious criminal prosecutions (“A criminal defendant may maintain a malicious prosecution claim not only against prosecutors but also against others —including police officers and investigators —who wrongfully caused his prosecution”) Smith v. However, where public employees have acted maliciously in using their official powers, the injured person should not be totally without remedy.
In the State of California, if a police officer arrests you and procures your criminal prosecution based on know material lies contained in the officer’s police report, and you remain in jail for years awaiting trial because you can’t make bail, even if you are totally innocent and even if you prove that at trial so well that the trial Judge makes a “Finding Of Factual Innocence” (stating that you were not just found not guilty, but that in the Judge’s view you are totally innocent), the police officer cannot be sued for one penny under California law. That has been the law of California since it’s inception; first by “common law” doctrine, and in 1963, by statute.