Right. Would that open up the ability to sue the government? I was thinking specifically of Gen.Flynn who was basically bankrupted.
For purposes of a S: 1983 malicious prosecution claim, the elements under federal law include: (1) prosecution for a criminal offense; (2) instigated without probable cause; (3) with malice; (4) under a valid warrant, accusation or summons; (5) which has terminated favorably to the plaintiff; and (6) has damaged the plaintiff.
For Flynn, a couple of those elements are problematic, but in particular, we have yet to reach "termination" of the prosecution.
It is up to the wrongly accused plaintiff to make the malicious prosecution claim in the first place. The Waco Bikers cases include a number of federal malicious prosecution claims. Very tough cases to make stick, the courts are protective. The system is biased against the public.