4 ms·
I would love to learn the answer to this: if some charges are arguably justified, but others aren’t, can you claim malicious prosecution for the ones that aren’
by maxlybbert 5y ago
I would love to learn the answer to this: if some charges are arguably justified, but others aren’t, can you claim malicious prosecution for the ones that aren’t? I would think so.
Unfortunately, for this specific case, I don’t think it qualifies. The judge only dismissed the charge because he couldn’t write clear jury instructions for it ( https://apnews.com/article/why-did-judge-drop-kyle-rittenhouse-gun-charge-d923d8e255d6b1f5c9c9fc5b74e691fb https://apnews.com/article/why-did-judge-drop-kyle-rittenhou... ). I think that could be enough to say “we brought the charge because we honestly thought it applied; the confusion wasn’t malice, it was just difficulty understanding a convoluted law.”
I don’t know about Wisconsin, and I don’t know if Rittenhouse has some way to afford bringing a malicious prosecution lawsuit or some other lawsuit against Kenosha. I get the feeling that kind of reaction (followed by a negotiated settlement) is more common in some parts of the country than others.