I don't think there was ever a civil suit filed against Swartz. As far as I remember and according to the timeline on wikipedia this seems to have been a crimin

I don't think there was ever a civil suit filed against Swartz. As far as I remember and according to the timeline on wikipedia this seems to have been a criminal case from the very beginning. And in any case I don't think this is a great example of the DOJ being trigger-happy, what Swartz did was obviously criminal and they were still willing to let him off with only a slap on the wrist.