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Daniel Penny's lawyers weighing malicious prosecution lawsuit after trial: 'Collusion from the very beginning'
Fox News ^ | December 11, 2024 | Taylor Penley

Posted on 12/11/2024 9:19:02 PM PST by george76

Lawsuit would target DA Alvin Bragg and the medical examiner's office..

Marine veteran Daniel Penny's defense team is eyeing a malicious prosecution lawsuit against District Attorney Alvin Bragg and others behind the charges, turning the tables after the lengthy high-profile case concluded with an acquittal.

"Just like Danny said in his interview, it was like they wanted to try and get him on something," Penny's defense attorney Steven Raiser said Wednesday, reacting to the acquittal on "Fox & Friends."

"They knew they weren't going to be able to get him, so they had to get rid of that top count in order to get to that second count, just in hopes that maybe they could pull out a win here, and they were unsuccessful, thank God."

Raiser said the suit would target Bragg for "blurring" the "ethical lines" with the case's handling. The filing would also home in on the medical examiner's office, which he alleged colluded with Bragg's office.

"The record was made fairly clear as to the extent of his involvement and what occurred here," he said. "He was appointed by Mayor Adams, [who belongs to the] same political party as Alvin Bragg. There was collusion there, and the collusion began from the very beginning of this case and all the way through. The district attorney needed the medical examiner and needed the medical examiner to act quickly, and he did just that."

(Excerpt) Read more at foxnews.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections; US: New York
KEYWORDS: alvin; bragg; da; daalvinbragg; danielpenny; malicious; newyork; penny; prosecution
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1 posted on 12/11/2024 9:19:02 PM PST by george76
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Nifong the bastard


2 posted on 12/11/2024 9:21:13 PM PST by Gene Eric
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To: george76

I HOPE HE DOES EXACTLY THAT.

THE OUT OF CONTROL BRAGG NEEDS TO BE STOPPED.


3 posted on 12/11/2024 9:22:15 PM PST by ridesthemiles (not giving up on TRUMP---EVER)
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To: george76

Bragg and the Judge need to be locked up and made to pay personal Buck$.


4 posted on 12/11/2024 9:46:26 PM PST by Paladin2
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To: george76
I was so impressed by this young, former Marine Hero that I just had to watch his interview with Judge Janine on fox nation, signed up for free as a Vet.

Unfortunately Penny's life will never be the same but he is certain that he did the right thing.

5 posted on 12/11/2024 9:47:02 PM PST by PROCON (Sic Semper Tyrannis)
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To: All

With 𝕏 and Community Notes it’s becoming easier to see how fake and manufactured the racial narrative has been.

Imagine if we had this in 2020.

https://x.com/TheRabbitHole84/status/1867065760792670342


6 posted on 12/11/2024 9:59:53 PM PST by Texan4Life
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To: george76

I hope they do and I wish them well.


7 posted on 12/11/2024 10:00:38 PM PST by Sequoyah101 (Donald John Trump. First man to be Elected to the Presidency THREE times since FDR.)
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To: george76

BTTT


8 posted on 12/11/2024 10:59:57 PM PST by nopardons
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To: george76

See also, William Nifong


9 posted on 12/11/2024 11:54:00 PM PST by NoLibZone (Scary that a party can "run" a candidate that doesn't feel any need to campaign.)
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To: george76
The cops and ALL witnesses didn't think Penny did anything wrong. Half the witnesses on that subway car were black. 4 of the jurors were black. He wasn't arrested until 10 days after the incident at the insistence of Bragg's office.

10 posted on 12/12/2024 12:07:18 AM PST by Governor Dinwiddie ( O give thanks unto the Lord, for He is gracious, and His mercy endureth forever. — Psalm 106)
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To: george76

sue any and everyone involved in this BS.


11 posted on 12/12/2024 12:12:17 AM PST by BigFreakinToad (All she is, is cackles in the wind.)
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To: All

It was only yesterday, a jury of his peers absolved Penny of guilt in the subway matter.

And today, Black Lives Matter is gearing up for wides[read looting
because stealing electronics and cigarettes is the best way to grieve.


12 posted on 12/12/2024 12:44:53 AM PST by Liz (As West Texas ranchers occasionally say: “THAT boy had one too many years of college.”)
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To: george76

Yeah! Bust up the fatboy Alvin gang out of New Yawk City.


13 posted on 12/12/2024 12:48:16 AM PST by dennisw
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To: All

In Penny’s wildly successful future.......a book, a memoir, a major film, a tv movie of
the week, an heroic action figure, a podcast, a Congressional Medal of Honor, a lawsuit.


14 posted on 12/12/2024 12:48:29 AM PST by Liz (As West Texas ranchers occasionally say: “THAT boy had one too many years of college.”)
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To: All

Penny’s defense atty Steven Raiser, reacting to the acquittal on “Fox & Friends.”
<><>Bragg had to vanish that top count, vainly relying on the second count to pull out a “win”
<><>exposes Bragg for “blurring” the “ethical lines” WRT Bragg’s botched handling of the case
<><>also exposes the medical examiner’s office, which obviously colluded with Bragg’s office.

Other colluders were probably Mayor Adams, Black Lives Maters, Biden-Harris.....etc.


15 posted on 12/12/2024 1:14:24 AM PST by Liz (As West Texas ranchers occasionally say: “THAT boy had one too many years of college.”)
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To: Liz

I’m hoping Trump can offer him a job and or schooling opportunities which would include protection for Daniel and has family. He’s my grandson’s age...I can’t imagine.


16 posted on 12/12/2024 1:17:48 AM PST by Sacajaweau
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To: Sacajaweau

As of now, Penny can write his own ticket to any place he wants to go.


17 posted on 12/12/2024 1:20:04 AM PST by Liz (As West Texas ranchers occasionally say: “THAT boy had one too many years of college.”)
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To: george76

To maintain that Fourth Amendment claim under §1983, a plaintiff such as Thompson must demonstrate, among other things, that he obtained a favorable termination of the underlying criminal prosecution. Cf. Heck v. Humphrey, 512 U.S. 477, 484, and n. 4 (1994). This case requires us to flesh out what a favorable termination entails. Does it suffice for a plaintiff to show that his criminal prosecution ended without a conviction? Or must the plaintiff also demonstrate that the prosecution ended with some affirmative indication of his innocence, such as an acquittal or a dismissal accompanied by a statement from the judge that the evidence was insufficient?
We conclude as follows: To demonstrate a favorable termination of a criminal prosecution for purposes of the Fourth Amendment claim under §1983 for malicious prosecution, a plaintiff need only show that his prosecution ended without a conviction. Thompson satisfied that requirement in this case. We therefore reverse the judgment of the U. S. Court of Appeals for the Second Circuit and remand for further proceedings consistent with this opinion.


18 posted on 12/12/2024 1:21:43 AM PST by rottweiller_inc (inter canem et lupum)
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To: rottweiller_inc

https://supreme.justia.com/cases/federal/us/596/20-659/


19 posted on 12/12/2024 1:22:38 AM PST by rottweiller_inc (inter canem et lupum)
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To: george76

WTH is there to PONDER!!!


20 posted on 12/12/2024 1:29:57 AM PST by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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