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To: GeronL
Really? I see a looming 42 USC 1983 suit against the prosecuting attorney's office, with a bucket of money at the end of it.
5 posted on 01/26/2004 9:26:46 PM PST by TheConservator
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To: TheConservator
my thought too. Sue for a couple million and make the SA uncomfortable. If they try to pursue charges, ask for the trial to bo moved on the grounds that the SA office has a conflict of interest because of being named in the pending civil suit.
9 posted on 01/26/2004 10:01:32 PM PST by BOBWADE
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To: TheConservator
What does the 42 USC 1983 cover ..??
15 posted on 01/26/2004 10:35:47 PM PST by CyberAnt ("America is the GREATEST NATION on the face of the earth")
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To: TheConservator
Right indeed. But one would hope Mr. Limbaugh would show his entirely justified contempt for the rei priori, and simply sue for $1.00 in currency -- to be duly wiped across the PA's anus in his own good and convenient time.
18 posted on 01/26/2004 10:41:01 PM PST by SAJ
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To: TheConservator
I see a looming 42 USC 1983 suit against the prosecuting attorney's office, with a bucket of money at the end of it.

Yep. Or....
Maybe I see a suddenly more compassionate and reasonable prosecutor who would love to "put this all behind us".

47 posted on 01/27/2004 12:40:14 AM PST by Lancey Howard
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To: TheConservator
Really? I see a looming 42 USC 1983 suit against the prosecuting attorney's office, with a bucket of money at the end of it.

Not necessarily. See also the following Florida state statute, which provides for the bringing of a possible state felony charge and disbarment:

Official misconduct, a violation of section 839.25, FloridaStatutes, is a third degree felony defined as follows:

(1) "Official misconduct" means the commission of thefollowing act by a public servant, with corrupt intentto obtain a benefit for himself or herself or anotheror to cause unlawful harm to another: knowinglyfalsifying, or causing another to falsify, anyofficial record or official document.

(2) "Corrupt" means done with knowledge that act iswrongful and with improper motives.
And under Floridas 1977 State racketeering act, triple damages can also be collected by a plaintiff victim of such continuing patterns of criminal activity, just as under the federal anti-racketeering laws...but to a lesser standard of proof:

The Florida RICO Act makes commission of a pattern of racketeering activity a felony of the first degree punishable by imprisonment not exceeding 30 years and/or a $10,000 fine. The state may bring a civil action for injunctive relief, treble damages, attorneys' fees, and costs. Florida Statutes, 1995, Chapter 895, Section 895.02, as amended by Laws of 1986, Chapter 86-277, approved July 9, 1986, effective October 1, 1986.

The Civil Remedies for Criminal Practices Act prohibits the acquisition or maintenance of an enterprise or real property through a pattern of criminal activity or the collection of an unlawful debt. The Civil Remedies for Criminal Practices Act provides aggrieved parties with a civil action for treble damages, attorneys' fees, and court costs. Florida Statutes, 1995, Chapter 772, Sections 772.101 through 772.19; added by Laws of 1986, Chapter 86-277, approved July 9, 1986, effective October 1, 1986.

See Chapters 837, 838, and 843....

And there's another potential problem awaiting the prosecutor:

918.13 Tampering with or fabricating physical evidence.--

(1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending or is about to be instituted, shall:

(a) Alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation; or

(b) Make, present, or use any record, document, or thing, knowing it to be false.

(2) Any person who violates any provision of this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

55 posted on 01/27/2004 2:08:49 AM PST by archy (Angiloj! Mia kusenveturilo estas plena da angiloj!)
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To: TheConservator
Really? I see a looming 42 USC 1983 suit against the prosecuting attorney's office, with a bucket of money at the end of it.

Rush should win and then do the liberal thing, give it to the chill-rund (as he says)!!!

132 posted on 01/27/2004 8:56:57 AM PST by RetiredArmy (We'll put a boot in your ass, it's the American Way! Toby Keith)
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To: TheConservator
If the suit is from Rush, there be a bucket of money at the front of it.
167 posted on 01/27/2004 12:33:45 PM PST by GigaDittos (Bumper sticker: "Vote Democrat, it's easier than getting a job.")
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