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To: MileHi

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.


8 posted on 12/17/2015 9:31:41 AM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

Hope they do


11 posted on 12/17/2015 9:35:44 AM PST by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: george76
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

67 posted on 12/17/2015 11:28:31 PM PST by Stanwood_Dave ("Testilying." Cop's don't lie, they just Testily{ing} as taught in their respected Police Academy.)
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