Damages will be awarded by a jury because, even though the setting of bail was legal at the time it was set, the issue that it has not now been moved along and other resources brought in to move things along, separate those who did possibly conspire in a felonious manner from those who obviously did not and get bail reduced for those who in all likelihood will have the felony charges dropped, will be a huge matter at EQUITY. Shortage of LEO / Court manpower was an excuse good for about 2 weeks at most.
Why haven’t they appointed a Special Master or AG sent a task force in? Who knows?
I think in many ways we agree here. Those who aren’t hell bent on their righteousness are the smart ones who settle/mediate. It’s often the “I KNOW I am 100% right” who will not settle. And even down deep, if they know they are not right, then their ego (or their lawyer with a big boat payment due) pumps them up to a 100% state.
If probable cause exists for all of them, there is no legal difference, at time of arrest, between "those who did possibly conspire in a felonious manner from those who obviously did." The government has no duty to distinguish between those two groups. All that's needed is probable cause. Your position is that the complaint is sufficient, and that there is probable cause of a felony offense for all accused.
A million dollars bail is legal, you say. Stupid, but stupid isn't illegal.
If the police have probable cause for a felony offense, one can and should be arrested. The time it takes to sort out the bail amount doesn't matter (within the time window we are dealing with so far) if the bail is set legally in the first place.
I'm just not seeing the civil rights claim under your propositions. No violation of due process for want of probable cause, and no violation in setting bail at a million dollars. If one is justifiably under arrest, and can't make justified bail, then there is no deprivation of rights by being held in jail.
It's often smartest to write it off and leave the legal system behind. Take your losses.
I think most of those who were swept up, who are truly and in fact innocent, will simply walk away, wiser for the experience. The time and effort and emotion involved in prosecuting a case, even when you are 100% in the right, is not worth the effort; and as you point out, those who are 100% in the right often lose in court.
The government is going to fight any claims made in this case, tooth and nail. The courts have a vested interest in supporting the local police, the deck is stacked against 1983 claimants. I'd walk away, I'll tell you that.