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Do you think that you can place your hands up and ask “Why”, prior to proning yourself?
If the District Attorney’s Office is a rubber-stamp for the police, the system breaks down; not in the number of prosecutions, but in the sense that justice is much less served.And where legal process has gone forward, but has done nothing to satisfy the probable-cause requirement, it cannot extinguish a detainee’s Fourth Amendment claim.That was the case here: Because the judge’s determination of probable cause was based solely on fabricated evidence, it did not expunge Manuel’s Fourth Amendment claim.More importantly, the check on abuse of innocents by the Executive (the police and the District Attorney) is the jury. It’s what they accept as “reasonable” police conduct.Thirty years ago, juries would find police officers liable for shooting unarmed civilians.
A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment, even if he acts maliciously and without probable cause.” This is simply malicious prosecution immunity under California state law for any public employee, including peace officers, acting in the course and scope of their employment.