Mark Iannicelli and Eric Brandt should file a federal lawsuit against District Attorney Mitch Morrissey for overreaching and abusing his power for arresting and jailing them in a public, free speech zone.
Hope they do
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