Malicious Prosecution Lawsuits - Case Law for Cops (Thompson v. Clark)

Can a police officer be sued if a prosecutor dismisses criminal charges?
Thompson v. Clark, 20-659 (2022): www.supremecourt.gov/opinions...
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[@killthebuddha5034]

Officers of any kind should be held to the same degree the law holds the citizen when they make a "mistake"! More so..... to a much higher degree as they've been trained and should know the law and since the citizen doesn't get to be afforded ignorance of the law. Why the hell should the law be allowed to be ignorant of itself while misusing power and in turn injuring the public unnecessarily?

[@a.d.d._maker]

Qualified immunity gives cops the right to screw up. It also lowers the training standards. If a reasonable officer would not know it was wrong, they could get off. If the cop is not trained to not shoot someone?? He can claim, " no one told me not to do it."

[@holdingcopsaccountable6554]

@@a.d.d._maker if he or she the cop don’t know, they shouldn’t be cops!

[@a.d.d._maker]

@@holdingcopsaccountable6554 I agree. I also agree cops are nothing but criminals. Most people believe the cops are there for their safety. I wish people would realize cops are there for the courts. They bring the court customers. If cops were truly trying to help people and keep them out of jail? Cops would be out of a job very quickly.

[@user-fk9cr2wx6t]

ABSOLUTELY!!!!

[@user-fk9cr2wx6t]

Have you ever heard of the term "Protect The Crown?" Look into it. This is why they do what they do and really don"t GAF about the people and look out for their own.

[@NotOkayPolicing]

Listen. If you are abusing the badge or position of authority in an effort to injure someone for their exercise of rights then you deserve to be sued.

[@tobymichaels8171]

Wrong. They deserve to be prosecuted for federal civil rights violations and imprisoned for not less than the maximum statutory sentence of the charges they fraudulently filed. Then their department or agency deserves to be sued for damages.

[@NotOkayPolicing]

@tobymichaels8171 I agree 👍 but it seems as though that this rarely if ever happens.

[@FirstLast-numba1]

ignorance of the law is no excuse unless you're a cop

[@tacticalattorney]

Not in my experience. Section 1983 lawsuits are no joke, and qualified immunity does not apply if there is case law on point, thats why its so important for officers to know and understand the law.

[@UnitedArmsOrganization]

Imagine going to your boss's office, throwing him up against the wall a couple times a week, patting him down, searching his pockets, rifling through his desk and still expecting a paycheck at the end of the week. That's what cops do to us! We put food on their table, they abuse us, treat us like criminals and still expect to get paid. This tops the list of insane things we, as humans, keep allowing.

[@rogergibson8997]

You don't put the reason in the dismissal so the country doesn't get sued

[@dwsmyyth3480]

If cops would just stop illegal atrests they wouldn't have to worry.

[@throughmylens5127]

Remove qualified immunity and see if a lot of the cases go away

[@R.O.M.P.A.W.4.3]

So within not being convicted you can show the officer that you shouldn't have been arrested.

[@elliotaxelman2767]

If you can also prove that he had no probable cause to arrest you, and you can show that he arrested you with malice.

[@GailThornberry-fe2vc]

Lieing to obtain a restraining order for malice prosuction

[@BolanOfLife]

Some officers never should've been allowed in that career.

[@WdsmnBob]

i found your podcast on spotify. Great content and very helpful! I wish you had more up already ive exhausted them.

[@tacticalattorney]

Thank you! I really appreciate it. There will be many more episodes in the near future. I also have some really cool interviews coming up.

[@ricksturdevant2901]

Thank you for the information and explanation

[@tacticalattorney]

Thank you!

[@AJ-tz6qu]

When does the criminal prosecution begin? What elements constitute an arrest.

[@Mr617swagg]

We appreciate what you are doing You are providing such a great service I don't care how much cash sombody has You're doing what money can't do Keep up the great work, thank you Sir

[@tacticalattorney]

Thank you! Much appreciated.

[@elliotaxelman2767]

Thank you very much for this video and for advising cops not to arrest people for "contempt of cop!" Question: In light of Thompson and Chiaverini (2024), has there been any ruling or other evidence informing us whether an arrest for a charge that is 100% impossible to survive a motion to dismiss (i.e. due to being time-barred by a statute of limitations) and therefore impossible to lead to a conviction...whether such an arrest would be considered "without probable cause" and therefore potentially able to survive as a 1983 lawsuit against a cop for malicious prosecution? Thanks!!!!!

[@tacticalattorney]

I am not aware of any case law but that brings up an interesting point. I suppose an argument might be made that if the officer knew the SOL had run there would be no PC. I will have to do some research on this. Thanks for the comment.

[@c.e.b.underpar1746]

My trial starts next Tuesday...the other guy on a bike waited for me, bocked me, blocked/break checked me 2 more times, reached into my car to take stuff of my seat, blocked me again, went on drivers side and spit on me I then bupped him with my car. ALL ON DASH CAM!!! The prosecutor did not charge him at all!!!

[@johnwesley256]

SCOTUS needs to change this. I've had a court forge my name on documents saying I pled guilty to a crime that I didn't commit. Luckily for me on that day I was in a federal facility 800 miles away that documented I was there. This was a long time ago, they screwed up and said they were there on a Sunday AUG 12th 2002. Prosecutor, Judge and my public defender were all in on it. I think that they dismissed the charges because the FBI was doing a background check prior to me joining the military. Caught red handed and none of them charged!

[@philipgray5163]

Since I'm in the middle of a lawsuit, I'm always going back and forth on whether it's even possible to win a malicious prosecution case. There's so many protections that are granted government officials when they violate the Constitution that other citizens do not have...

[@user-fk9cr2wx6t]

Have you ever heard the term "Protect The Crown?" Look into it.

[@GailThornberry-fe2vc]

The petitioner said i abused my grandchildren the head of child protection services says no

[@cheps5783]

Great video as always! Thank you for sharing your knowledge! Wish you would come to Texas to teach some courses. Greater Houston area specifically. Thank you brother!

[@tacticalattorney]

Thanks! I'm glad the videos are helpful. I would love to come to Houston and do some courses! Just let me know who I need to talk to.

[@UnitedArmsOrganization]

Imagine going to your boss's office, throwing him up against the wall a couple times a week, patting him down, searching his pockets, rifling through his desk and still expecting a paycheck at the end of the week. That's what cops do to us! We put food on their table, they abuse us, treat us like criminals and still expect to get paid. This tops the list of insane things we, as humans, keep allowing.

[@Shump1951]

Strength & Honor/Peace & Blessings!

[@paulkopp3634]

I don’t follow how a DA dismisses charges “ for no reason “ there has to be a “ Reason “ for context .

[@tacticalattorney]

Prosecutors dismiss cases for a number reasons. Insufficient evidence, constitutional violations, dismissing for further investigation etc. Most prosecutors will list "in the best interest of justice" as a catchall on the dismissal. Hope this helps. Thanks for the question.

[@mateobaysa2055]

@@tacticalattorneymost prosecutors do it for justice? Stop bsing..

[@throughmylens5127]

What if the prosecution keeps prolonging the criminal case for years to prevent the civil case moving foward.

[@tacticalattorney]

The prosecutor has an ethical duty to act in the best interest of the people, not the best interest of the officer. The prosecutor should not be concerned about potential civil liability of officers. Additionally, speedy trials rules apply. This is not to say that prosecutors should ignore the possibility of civil litigation against officers in their jurisdictions. Prosecutors often can make a big difference in preventing law suits by providing training to local LEOs.

[@heroesandzeros7802]

I had a case years ago where the chief of police sent a CI into my bar to unplug a clock so that we would stay open too late. The judge fined me $500. They then sent a CI in to refuse to leave at closing time. The judge waited till all other persons had left the courtroom, including the clerk and Bailiff, he walked down to me in the Gallery and simply said that my fine was $500 and that if the cops set me up again, the fine would be $10K. No DA, no charging officer, no trial, no testimony, no defense... The judge knew the cops were setting me up for arrest and prosecution and that I had done nothing wrong. Same town / same cops / same judge in the Holyfield case. Where the local and state cops killed a child for carrying a Bible on a public sidewalk and said, "I want Jesus.", and lied on their reports. The child's stepmother was my employee. All cops got qualified immunity. The same cops set up a bomb threat using a CI to call it in to search my building because they could not get a warrant. Then they set up a blacked-out police car at night to kill us. Police, DAs, and judges are criminals. Malicious prosecution at it's best. I did not have any money and no lawyer would take the case even if I did.

[@gazoo5248]

IF you know probable cause LMAO LMAO LMAO. They hardly ever know that. They detain people "to find out if they've done something wrong". This happens so often, it's unbelievable and laughable.

[@R.O.M.P.A.W.4.3]

It's about seeing through the concept of not being with either said. You have the ability to be against the side in a sacrilegious practice

[@akzoc]

Is an SIS a favorable outcome? There was no conviction because there was no imposition of sentence.

[@tacticalattorney]

That depends on your state's specific law. I recommend you consult with a criminal law attorney.

[@user-fo4lm5fc2o]

Outtake?

[@user-fo4lm5fc2o]

I need

[@johnwesley256]

Sub'd. Not a bootlicker and I think most cops DGAF about laws nor the constitution. Hopefully this will change, we need non-criminal cops that actually serve and protect the public. I think you'd get a better following if you changed your channel to a civil rights channel, your target audience are Jordan V City of New London. I've not seen one video where a cop could state the whole 4th amendment or the 5 elements of the 1st. Many dont understand that you can't arrest someone for pleading the 5th and arrest people for obstruction

[@user-fo4lm5fc2o]

Mils was Jan tgc plays golf with hub

[@remipage6398]

Can you help with A California case

[@tacticalattorney]

I can't give legal advice or comment specifically on a pending case but I may be able to answer general legal questions within my area of expertise. Send me an email at [e-mail]

[@cookiedoe7032]

How can I get in touch with you about a business project that you may be interested in? I am interested to potentially work with you!! 🥳🥳💐💐💐

[@williamzander4732]

The city and chief controls the cops they encourage there behavior.

[@jeremycable51]

Hope your preaching to these people and getting them to follow the law and most importantly stop acting like this is Germany 1940 and their Gestapo

[@cak3030]

The officers choosing to listen to the Tactical Attorney are not to be feared in the slightest, man. It's the officers that don't welcome him to their precincts. I agree that many officers are corrupt. Many. It *appears* to be the majority actually, but I hope that's wrong. Either way the officers HERE are the good apples. I actually support giving the "good apples" quite a bit of leeway. The Supreme Court during the 1960s into the mid 1970s was hell-bent on expanding individual rights. That's kind of honorable. But it didn't even work. Prosecutors (generally) just started making plea deals like never before. The number of criminal cases that reached trial dropped from around 50% to around 5%. The corruption is widespread and deeply seeded. There *should be* thousands of attorneys doing basically what the Tactical Attorney is doing. But the "market" for such things is very limited. Keep it up Tactical Attorney!

[@mov3nstixz802]

@@cak3030 I feel the problem is qualified immunity half of the officers don't care if they violate your rights. And most of the lawsuits are paid out by the county they represent "coming from taxpayers" defunding the county or city.

[@jscheman]

@@mov3nstixz802 we pay out to much money as a country for bad officers and make the divide between citizens and government larger.

[@jscheman]

Excellent advice on officers should control their feelings and not let the “ contempt of cop” ideas interfere with citizens rights and honest law enforcement.

[@td3365]

Why do you keep saying prosecutor and DA??? Are they not the same?

[@franklinhayes8673]

If I have a negligent discharge of a firearm and someone is hurt or killed, I get charged but a police officer is not. Explain to me why there is not equal justice?

[@rocketeer2361]

As I read...the prosecutors do not have ammunity if they are maliciously prosecuting one. This is what's happening to me but I will win with the truth and sue all involved.

[@tacticalattorney]

Under federal law, prosecutors enjoy absolute immunity for any actions taken in a case that they are prosecuting. There are some exceptions, but generally speaking this cause of action will rarely apply to prosecutors. Thanks for the comment.

[@Cinnamonrollwhite]

@@tacticalattorney why do you say this is rare? If a prosecutor goes against what Police say, like upping charges in order to extradite a person? My boyfriend stumbled drunk next to a little liar in a hot tub. She claimed that he grabbed her chest and butt. Security footage shows that he did not grab her chest and it’s super unlikely he grabbed her butt. He was on a business trip at the time, and the police arrested him based off of three teenagers statements (one of whom had just recently been accused (and now convicted) of rape) but clearly the police did not thoroughly review the footage… The two witnesses were in the pool while this girl was in the hot tub alone. He lost his job, and he went back to NY. The police explained in their statement that sexual assault charges were not pursued because of the short time frame in the hot tub, it was 2 to 3 seconds, and the level of his intoxication. He basically did not take the stairs into the hot tub so he stepped in and I think the depth of the seat caught him off guard so he stumbled next to this girl. When she got out of the hot tub, he was unfazed as if he was unaware of her presence and just appeared to sink into his drunkenness. Later, in the video, he is playing basketball with the teens who wrote statements against him. Then on body cam footage, the police say to this girl over the phone, just so you know, this is not your fault and she responds, “I already know that because I’ve already been sexually assaulted before”… he had a public defender since he lost his job, and that public defender was totally on his side at the beginning, calling the girl a liar and saying that he wants to put her on the stand. When it came close to his bench trial, because the public defender was an idiot and didn’t realize that a jury trial would have been the only appropriate type of trial in the situation, he weaseled my boyfriend into taking a no contest, diversion plea deal because my boyfriend had wanted to go to trial. My boyfriend had spent a year in maximum security prison for some DUIs and was considered high risk of getting in trouble again by anyones examination. There was no way he was going to be able to stay out of trouble for a year. He had literally been in so much trouble mostly due to weed the prior year or two leading up to this. He was worried about spending 40 years in prison so he took this diversion plea deal. His PD told him that 4th degree sexual assault “is like a slap on the butt at the bar. And it has nothing to do with a child.”… after he violated his diversion, it was revoked immediately and two years later, after getting tons of treatment, came his sentencing. Even though in the state of Wisconsin 4thdegree sexual assault does not require registration, the prosecutor got him to register as a sex offender for 15 years. At his sentencing, the prosecutor said “this isn’t a slap on the butt at the bar, this is a child” We have now hired an attorney who will hopefully get him a trial based off of the case of Barney v Wisconsin. Is this malicious prosecution? Your video saying that prosecutors have absolute immunity is misleading. Why not make a video about certain situations where they could be sued? Or is that not your goal of this platform? To get people the true legal answers?

[@holdingcopsaccountable6554]

@@Cinnamonrollwhite the words, “super unlikely “ is why.

[@Cinnamonrollwhite]

@@holdingcopsaccountable6554 sexual assault requires sexual intent. You cannot prove sexual assault if someone just stumbles drunk next to someone for 2 seconds and they make an accusation. It would have had to be proven that he did it for sexual gratification. The girl is a serial liar.

[@td3365]

The prosecutor rules the court and you know it. I fought one and won and I think he's a pos and all his cases should be overturned.

[@GraysonCounty-df4zi]

Thanks for giving me informstion on yalls thin blue line bs where you cover each others misconduct

[@tacticalattorney]

Not sure I'm following. I'm not a police officer, I'm an attorney. I provide legal training for police officers. No BS just teaching the law so our officers are competent.

[@UnitedArmsOrganization]

Hay I don’t want to beat a dead horse. Have you looked into the “Right To Travel” yet?

[@liquorinfrontpokerinrear6473]

My problem is with "CORRUPTION" period! Please, with all do respect, do NOT say "Law" when using codes, rules or 13 statutes, these are fictitious rules and codes for the private non profit non taxpayer holder of a DUNNS number foreign corporation. [if any statement is incorrect, please correct me] ..IS the "PROSECUTOR" "ELECTED" by the People, for the People and NOT for non profit organization corporation [county, your local government in the "TERRITORY" of U.S. INC.] PAID on COMMISSION? 28 USC 631 is applicable only in GUAM, oath of office. Where in the constitution gives immunity TO private non profit CORPORATION? First, they must be a living man or woman, 2nd jurisdiction. "All wo/men are by nature "Free" Unalienable" and "Independent" .....name, surname...five words one must have knowledge of by definition or synonyms. ex: independent synonyms: "sovereign"..well hidden, has used in the preamble of corporate constitutions, free and independent government [substituted EQUAL for independent] now you know why they claim immunity, when it is the People who are immune from CODES, RULES and STATUTES, unless there is an INTERNATIONAL CONTRACT they can bring forward and put into the foreign venues RECORD Richard/free/unalienable/independent/principal agreed to the TERMS and CONDITIONS, prove your claim? YAHUAH, I breath my creators name, his name is written on my face, Y forehead, A nose, H mouth, he is LORD not "IN GOD WE TRUST" [G]overnment [O]rdinance [D]epartment

[@nidalshehahadeh7485]

Every civil right I am entitled to under the US Constitution and any and all protection under any and all laws that have come to humanity whether from God or man have been violated repeatedly for the last 31 years, unfortunately law enforcement is not about right and wrong anymore it's about scoring points, I had committed no crime violated no law have not been arrested or sentence in any court of law neither that I was in prison yet every law the had come to humanity whether from God or man violated ,there is a bunch of thugs and law enforcement who can't be employed anywhere else except law enforcement who are in control of Our Lives, they are Beyond racist they are a cult on their own.

[@mateobaysa2055]

Prosecutors dont have absolute immunity, Bro.. Article III justices have absolutely immunity… stop telling your audience lies, dude.

[@postworld1185]

Those facts involving a child create an exigency. Any court that would find for P in a MP claim on those facts would be shite.

[@firemedic2442]

Incorrect sir. Just because a child was involved doesn't invalidate a person's 4th Amendment right. Cops should have tried to get a warrant. Plain and simple. If I tell you out of my house I will only do it once. Cop or not you WILL comply

[@PersonalChaos]

You can only work with what you know. Prosecuting with Malicious intent and without Probable Cause are the key features here. Mistakes happen. Sometimes, all the evidence points at one person and the Prosecutor works with what the evidence shows. The arresting officer or prosecutor shouldn't be held liable for doing their job.

[@davidonichuk]

when police break the law, they get a pass or a slap on the wrist.