Can Limbaugh sue the DA for malicious prosecution?
How about violations of Privacy Act and HIPAA?
Can Limbaugh sue the DA for malicious prosecution?
The ingedients for a MP suit are:
1)The charge has to be filed and brought
2) Evidence has to be heard in court
3) Charge dismissed for lack of evidence, alibi,
mistaken identity, frivolousness, which shuould have been
reasonably apparent to the investigators, ignoring exculpatory evidence unreasonably etc.
4) damages need to be suffered by the defendant.
That is one reason Rush has not been charged, in a jury trial they would never stick and the prosecutor and /or
investigators involved ( including false witnesses) could be charged with Malicious Prosecution.
They have been pretty cute about not stepping over the line.