[Stanwood_Dave]

If they Mark Iannicelli and Eric Brandt should file a federal lawsuit (IF they can find an attorney, other wise it will have to be Pro-se) against District Attorney Mitch Morrissey for overreaching and abusing his power for arresting and jailing them in a public, free speech zone.

A judge will wind up granting a "12(b)(6) Motion," which is Failure to State a Claim for which Relief can be Granted.

All prosecutors have what is called "prosecutorial discretion" refers to the fact that under American law, government prosecuting attorneys have nearly absolute and unreviewable power to choose whether or not to bring criminal charges, and what charges to bring, in cases where the evidence would justify charges.

Read more: Prosecution: Prosecutorial Discretion - Varieties Of Discretion, Subjects Of Prosecutorial Discretion, Standards Of Prosecutorial Judgment, Controlling Prosecutorial Discretion - JRank Articles http://law.jrank.org/pages/1870/Prosecution-Prosecutorial-Discretion.html#ixzz3ueg4plE8

[jackal7163]

Jury nullification was something we learned about in law school and it was a given that it was constitutional but that judges were not required to inform you about it. And I believe a Section 1983 law suit against an agent of the state depriving an individual of constitutional rights under color of law would survive a 12(b)(6) motion.